Loading...
CR 2012-118 Approve Agreement for Right-of-WAy Acquisition with Hennepin County and the City of Minnetonka for Shady Oak Road ReconstructionOctober 10, 2012 H0 P K INS Council Report 2012-118 Approve Agreement for Right of Way Acquisition with Hennepin County and the City of Minnetonka for Shady Oak Road Reconstruction Pronosed Action. Staff recommends adoption of the following motion: Move that Council authorize the Mayor and Cityy_Mana Manager to sign Hennepin County Agreement # PW 04-01-07 an agreement setting terms and conditions for acquisition of new right of way, permanent and temporary easements regarding the Shady Oak Road reconstruction project. Overview. On March 20, 2012 City Council approved preliminary layout #2 for the reconstruction of Shady Oak Road from Excelsior Boulevard to just north of Highway 7. This agreement establishes the terms and conditions by which the right of way and easements are acquired for this project and sets forth the division of costs for properties and easements acquired. This agreement was discussed at the October 9 City Council Work session. Prior -to the City's final design approval, a separate Construction Cooperative Agreement will set out the funding and maintenance responsibilities for all other project elements. Staff and City Attorney have been involved in the development of this agreement and staff recommends City Council approval. Primary Issues to Consider. • What are the details of the agreement? Supporting_ Information • County Agreement PW 04-01-07 • Preliminary Layout #2 sheets Steven J. Stadler Public Works Director Financial Impact: est ROW costs: $2,760,750 Budgeted: yes Source: Municipal State Aid Fund Related Documents (CIP, ERP, etc.): 2014-15 CIP project Notes: Council Report 2012-118 Page 2 Analysis of Issues • What are the details of the agreement? - Hennepin County will be the party responsible for the acquisition of all new right of way and easements. - The actual easement and right of way areas shown on the agreement exhibits are subject to change during the development of the detailed construction plans. - The total acquisition of the City of Minnetonka residential and commercial properties along the east side of Shady Oak Road between Mainstreet and l5t St N will include remnant parcels remaining after the additional right of way need is accommodated. The agreement refers to these parcels as the "East Remnant Parcels". The County will grant a no -cost buffer area easement to the City over these remnant parcels for the purpose of providing a landscaped buffer area between the new roadway and the 21" Ave residential properties. - The total acquisition of the City of Hopkins residential properties abutting and on the east side of Shady Oak Road north of 2nd St N will include a small remnant parcel on the west side of the new, realigned Shady Oak Road after the right of way needs of the realigned roadway are met. The agreement refers to these remnant parcels as the "West Remnant Parcels". The County will grant to the City of Minnetonka at no cost the right to maintain a new access road and open space within these remnant parcels. - Acquisition costs are defined in section V. - The City pays 50% of acquisition costs. The estimated City cost to acquire the right of way and easements is $2,685,750. This cost does not include other costs including: security, maintenance, structure removals or environmental cleanup. The County will contribute its share of cost for right of way acquisition needed in any of the commercial properties within the Community Works Project Area that are acquired by the City of Hopkins, up to a max of $685,000. Agreement No. PW 04-01-07 County Project No. 9112 County State Aid Highway No. 61 City of Hopkins City of Minnetonka County of Hennepin AGREEMENT FOR RIGHT OF WAY ACQUISITION THIS AGREEMENT, Made and entered into this day of , 20 , by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", the Cities of Hopkins, a body politic and corporate under the laws of the State of Minnesota, and the Cities of Minnetonka, a body politic and corporate under the laws of the State of Minnesota, collectively hereinafter referred to as the "Cities". WITNESSETH: . WHEREAS, the County and the Cities have been negotiating to bring about the complete reconstruction of County State Aid Highway No. (CSAH ) 61 (Shady Oak Road) from CSAH 3 (Excelsior Boulevard) to north of Trunk Highway 7 in the City of Hopkins and the City of Minnetonka; and WHEREAS, the aforedescribed roadway improvements are to be accomplished under County Project 9112 (State Aid Project 27-661-046), and -hereinafter referred to as the "Road Project"; and WHEREAS, the City of Hopkins approved Preliminary Layout No. 02 for the Road Project on March 20, 2012; and WHEREAS, the City of Minnetonka approved Preliminary Layout No. 02 for the Road Project on March 26, 2012; and WHEREAS, the County is developing the final plans for the Project and anticipate starting construction of same during the spring of calendar year 2014; and WHEREAS, it is desirable and advantageous to begin the acquisition of the new right of way, permanent easements, and temporary easements necessary to complete the Road Project; and WHEREAS, the Cities and the County desire to establish the terms and conditions by which the right of way and easements required for the Road Project are to be acquired, and to set forth the division of costs of properties acquired for these purposes; and - i - \,tom Agreement No. PW 04-01-07 CSAH 61; C.P. 9112 WHEREAS, the parties also wish to complete a redevelopment project and associated public and private improvements known as the "Shady Oak Road Community Works Project" and hereinafter referred to as the "Community Works Project"; and WHEREAS, the County through its Housing and Redevelopment Authority ("HCHRA") and the City of Hopkins through its Housing and Redevelopment Authority ("HHRA") and the City of Minnetonka through its Economic Development Authority ("MEDA"), have been negotiating a Cooperative Agreement (Hennepin County Contract No. A120493) (the "Cooperative Agreement") for sharing of costs for the Community Works Project; and WHEREAS, the Community Works Project area is the area between Oak Drive on the north and Bradford Road on the south; Shady Oak Road on the east and the west property boundary of properties west of Shady Oak Road and hereinafter referred to as the "Community Works Project Area' ; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Sectionl62.17, Subdivision 1 and Section 471.59. NOW THEREFORE, IT IS HERESY AGREED: The County will be the party responsible for the acquisition of all new right of way, permanent easements, and temporary easements required to construct the Road Project as shown in the right of way plan marked Exhibit "A", which is attached hereto and by this reference made a part hereof. The County will endeavor to minimize the areas acquired to only those lands which are represented in the aforereferenced Cities approved layouts, or as may be reasonably modified by the County during the development of the detailed construction plans for the Road Project. Any such modifications by the County shall be consistent with the scope and intent of the proposed construction as approved by the Cities. It is hereby understood that the phrase "responsible for the acquisition of as used in this Agreement shall be construed to mean the performance of all tasks and duties necessary and legally required to obtain the right to use the subject properties for the purposes set forth in this Agreement. Said rights may be obtained by, but are not limited to, direct purchase, dedication, donation, or eminent domain. Agreement No. PW 04-01-07 CSAH 61; C.P. 9112 U In some instances the total acquisition of properties may result in the creation of remnant parcels of vacant land which are not required for the Road Project. The manner of disposition of any such remnant parcels shall be in accordance with Minnesota State Statute Sections 117.226, 373.01 and 465.035, and the following. All proceeds from the sale of any remnant parcel created as a result of the Road Project shall be shared with the respective city the parcel is located in at the same proportionate percentage used to acquire the property. It is agreed that the County Engineer and the respective City Engineer or their designated representatives will agree to the manner by which any remnant parcel will be disposed, as well as the price for which any remnant parcel will be sold prior to finalizing any such transactions. It is further agreed that in the event a mutual agreement is not obtained regarding any specific parcel, the County Engineer or his designated representative shall have the authority to make final decisions on any such matters. Notwithstanding the foregoing provisions of this Article U, the following provisions shall apply to the "East Remnant Parcels" and the "West Remnant Parcels", which are defined as follows: The "East Remnant Parcels" shall mean and refer to that part of Parcels 56, 57 and 58 shown on Sheet 2 of the attached Right of Way Agreement Exhibit that will lie Easterly of that part of said Parcels 56, 57 and 58 that is to be retained by the County as road right-of-way of reconstructed Shady Oak Road. The "West Remnant Parcels" shall mean and refer to that part of Parcels 21, 45, 46, 47 and 48 and the existing right-of-way of Shady Oak Road shown on Sheets 3 and 4 of the attached Right of Way Agreement Exhibit that will lie westerly of the right-of-way of reconstructed Shady Oak Road, except that part of parcel 21 that lies westerly of the new residential access road The East Remnant Parcels may be used by the City of Hopkins as open space to create buffer areas between Shady Oak Road and the residential areas to the east. The County will grant to the City of Hopkins a landscape and buffer easement (the "Buffer Area Easement") for this purpose over the East Remnant Parcels, at no cost to the City of Hopkins. The Buffer Area Easement shall also permit the City to construct and maintain a public trail or sidewalk and install underground utilities within the East Remnant Parcels and shall prohibit the County from allowing any use of the East Remnant Parcels inconsistent with their use and maintenance as open space and a buffer area. The Buffer Area Easement shall further provide that the City of Hopkins shall have the right to acquire fee title to the East Remnant Parcels from the County, but must then reimburse the County and the City of Minnetonka for the acquisition costs incurred by them to acquire the East Remnant Parcels, calculated on a square footage basis At that time, title -3- W1- Agreement No. PW 04-01-07 CSAR 61; C.P. 9112 to the East Remnant Parcels will be transferred to the City of Hopkins free and clear of all liens and encumbrances but subject to any encumbrances to which such Parcels were subject upon acquisition by the County. The West Remnant Parcels will be used to create a new access road to serve residential properties in the City of Minnetonka. The County will grant to the City of Minnetonka the right and responsibility to maintain the new access road and adjacent open space. Lf 1 The City of Hopkins agrees to grant easements to the County over those lands that are owned by the City of Hopkins and are part of the required right of way and easements for those parts of the Road Project constructed in the City of Hopkins. Said easements shall be granted at no cost to the County. The City of Minnetonka agrees to grant easements to the County over those lands that are owned by the City of Minnetonka and are part of the required right of way and easements for those parts of the Road Project constructed in the City of Minnetonka. Said easements shall be granted at no cost to the County. 1K The County will be responsible to provide the necessary maintenance, security and risk management services for the term of the Road Project on all properties that the County acquires. All structures that exist on properties acquired in total for the Road Project and which must be removed for the completion of the Road Project shall be removed under a separate contract, as part of the Road Project, or with the County's or the Cities' own forces. The County and the Cities shall agree on the manner of removal for each structure taking into account all possible associated costs and impacts to the schedule of the Road Project. The County shall have the right to remove any structure with its own forces when in the opinion of the County Engineer or his designated representative that it is a more economical option or such removal will benefit the schedule of the Road Project. All costs incurred for providing maintenance, security and risk management services on any vacant property and structures, and the demolition of any structures, including but not limited to, the actual demolition costs, the costs for hazardous materials inspections and abatement costs if required, shall be shared between the County and the respective city in which the parcel is located at the same proportionate percentage used to acquire the property. u The acquisition costs incurred by either party as described herein shall include, but are not limited to the following: - 4 - \N[ \- Agreement No. PW 04-01-07 CSAR 61; C.P. 9112 • monies paid to property owners, or on behalf of property owners, as part of negotiated settlements • costs incurred with obtaining property through, and compliance with, Minnesota Statute Chapter 117 (eminent domain), including all damages and awards resulting therefrom • acquisition consultant services • relocation expenses, including the costs of consultants used therefor • appraisals and appraisal services • title opinions and updates •document searches (judgment, name title, etc) • closing, conveyance and recordation fees and taxes • costs to maintain, provide security for, or remove and dispose of vacant property, and any improvements thereon • costs incurred for the relocation, reconstruction, adjustment, and/or removal of existing private or public utility conduits or other structures located in or upon lands acquired and within present right of way when existing valid easements and/or permits provide for reimbursement to the utility owner for the relocation, reconstruction, adjustment, and/or removal of the existing utility facilities Specifically excluded from the above listing are any costs incurred by either party for each parry's personnel costs. Damages, as used in this section, pertains to acquisition costs allowed by Minnesota Statutes Chapter 117 and does not abrogate the meaning of the language set forth elsewhere in this Agreement. VI The estimated cost to acquire the right of way and temporary easements within the City of Hopkins for the construction of the Road Project is Five Million Three Hundred Seventy One Thousand Five Hundred Dollars and No Cents ($5,371,500.00). This estimate does not include costs for security, maintenance, structure removals, or any environmental assessments or cleanup that may be required on any of the properties acquired. The City of Hopkins hereby agrees to reimburse the County fifty (50) percent of all acquisition costs incurred by the County for the right of way and easements acquired within the City of Hopkins for the Road Project under this Agreement ($2,685,750.00 estimated). The estimated cost to acquire the right of way and temporary easements within the City of Minnetonka for the construction of the Road Project is Five Million Seventy One Thousand Seven Hundred Dollars and No Cents ($5,071,700.00). This estimate does not include costs for - 5 - \10-- Agreement No. PW 04-01-07 CSAH 61; C.P. 9112 security, maintenance, structure removals, or any environmental assessments or cleanup that may be required on any of the properties acquired. The City of Minnetonka hereby agrees to reimburse the County fifty (50) percent of all acquisition costs incurred by the County for the right of way and easements acquired within the City of Minnetonka for the Road Project under this Agreement ($2,535,850.00 estimated). W As previously referenced the parties through their respective redevelopment authorities have been negotiating the Cooperative Agreement for sharing of costs for the above defined Community Works Project. It is understood and agreed by the County and the City of Hopkins that if the City of Hopkins or its redevelopment authority (the "Hopkins HRA'') acquires property located within the above defined Community Works Project Area which the County requires for the Road Project, the City of Hopkins or the Hopkins HRA shall convey said required property rights needed for the Road Project to the County. It is further understood and agreed that the City of Hopkins and the County shall share equally in the acquisition costs of said property conveyed to the County by the City of Hopkins. It is understood and agreed that the cost to the County for the property the City of Hopkins is required to convey to the County as specified in this Article shall not exceed $1,370,000. It is further understood and agreed that the County will invoice the City of Hopkins for their equal share of the acquisition costs specified in this Article and that those costs shall not exceed $685,000 In: the event that the Cooperative Agreement between the parties' respective redevelopment authorities is not executed, the provisions of this Article shall be considered null and void and shall be removed from this Agreement, however the remainder of this Agreement shall survive and remain valid as set forth herein. In the event that the Cooperative Agreement is executed but is subsequently terminated as a result of a default as defined in Section 16 thereof, the provisions of this Article VII shall remain in effect with respect to any transaction or occurrence subject to the Cooperative Agreement that occurred prior to such termination. VIII The County, at its sole cost and expense, will conduct a Phase 1 Environmental Site Assessment (ESA), which may include but not be limited to reviewing the existing and available historical information pertaining to land use and conditions on all properties purchased by the County under this Agreement. In the event a Phase II ESA is required on any parcel, it is hereby understood and agreed that the County will assume the responsibility to have the Phase 11 ESA completed. All costs incurred by the County for the completion of any required Phase II ESA, including but not limited to sampling, analyzing and characterizing the subsurface conditions of individual properties, the costs of Minnesota Pollution Control Agency fees for technical review -6- --Nl� Agreement No. PW 047-01-07 CSAH 61; C.P. 9112 and issuance of liability assurance letters, as well as any subsequent environmental clean-up that may be required shall be shared equally by the County and the respective city the property is located in. In the event the Phase II ESA identifies contamination within the new right of way for the Road Project that must be abated, the County's staff will consult with the Cities' staff regarding the use of consultants and contractors as may be necessary for the abatement of the roadway right of way and obtaining the approval of the Minnesota Pollution Control Agency. Any clean up required will be accomplished as part of the Road Project or under separate contracts administered by the County as may be warranted by the nature of the cleanup activities and/or the impacts to the schedule of the Road Project. The County will investigate and exhaust all available options for payment of costs incurred related to any required Phase U ESA abatement of the new right of way. This includes, but is not limited to, responsible parties and grants from governmental agencies. The Cities hereby agree to reimburse the County fifty (50) percent of all costs incurred by the County for the completion of the aforereferenced environmental work performed on properties associated with this Road Project in their respective city for which the County does not receive reimbursement from other sources. 1 KN The County will periodically, as properties are acquired or other costs identified herein are incurred, prepare and submit to the Cities invoices with itemized statements documenting the actual acquisition and other costs incurred by the County, as well as the sale price of any remnant parcels sold, since the last statement submitted. The statements shall identify and include any credits due the Cities due to the sale of remnant parcels and deduct the County's fifty percent (50%) share of the acquisition costs. The City of Hopkins hereby agrees to remit to the County the net amount due stated on the invoice, acquisition costs less credits, within forty five (45) days after receipt of said invoice. The City of Minnetonka hereby agrees to remit to the County the net amount due stated on the invoice, acquisition costs less credits, within forty five (45) days after receipt of said invoice. X All payments to the County must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged to the Cities. The Cities shall pay the amount due as stated on the statement, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the Cities, the County shall reimburse the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the County. Daily interest shall be at the rate of one (1%) percent per month on the disputed amount. - 7 - \Itil\— Agreement No. PW 04-01-07 CSAH 61; C.P. 9112 All payments to the City of Hopkins must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged to the County. The County shall pay the amount due as stated on the statement, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the County, the City of Hopkins shall reimburse the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the City of Hopkins. Daily interest shall be at the rate of one (I%) percent per month on the disputed amount. D All records kept by the Cities and the County with respect to this Road Project shall be subject to examination by the representatives of each party hereto. ►4! The City of Hopkins agrees to defend, indemnify and hold harmless the County and the City of Minnetonka, its officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the City of Hopkins, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable thereof. The City of Hopkins' liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. The City of Minnetonka agrees to defend, indemnify and hold harmless the County and the City of Hopkins, its officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the City of Minnetonka, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable thereof. The City of Minnetonka's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. The County agrees to defend, indemnify, and hold harmless the Cities, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the County, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable thereof. The County's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. Agreement No. PW 04-01-07 CSAH 61; C.P. 9112 H It is further agreed that any and all employees of the City of Hopkins and all other persons engaged by the City of Hopkins in the performance of any work or services required or provided for herein to be performed by the City of Hopkins shall not be considered employees of the County, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. It is further agreed that any and all employees of the City of Minnetonka and all other persons engaged by the City of Minnetonka in the performance of any work or services required or provided for herein to be performed by the City of Minnetonka shall not be considered employees of the County, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the Cities, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the Cities. Nothing in this Agreement constitutes a waiver by the parties of any statutory or common law defenses, immunities, or limits on liability. The obligation of a party under this section cannot exceed the amount that the party would be obligated to pay under the provisions and limitations of Minn. Stat. Chap. 466 without this indemnification language. Under no circumstances will a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. Agreement No. PW 04-01-07 CSAH 61; C.P. 9112 KM In order to coordinate the services of the County with the activities of the Cities so as to accomplish the purposes of this Agreement, the Hennepin County Engineer or a designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the Cities. In order to coordinate the services of the City of Hopkins with the activities of the County so as to accomplish the purposes of this Agreement, the Director of Public Works for the City of Hopkins or a designated representative shall manage this Agreement on behalf of the City of Hopkins and serve as liaison between the City of Hopkins and the County. In order to coordinate the services of the City of Minnetonka with the activities of the County so as to accomplish the purposes of this Agreement, the City Engineer for the City of Minnetonka or a designated representative shall manage this Agreement on behalf of the City of Minnetonka and serve as liaison between the City of Minnetonka and the County XV It is understood and agreed that the entire agreement between the parties regarding the acquisition of right of way and easements for the Road Project is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement, or as may be contained in the separate Construction Cooperative Agreement for the Road Project which will be written when the final construction plans are completed, either of which shall be executed and signed by the parties hereto. XVI This Agreement may be cancelled prior to the completion of the objectives set forth herein with the mutual consent of all parties via an amendment hereto. Cancellation may be considered in the event the anticipated acquisition costs and/or environmental cleanup costs to be paid by the parties increase substantially above those anticipated, or for any other reasons that may arise that jeopardize the feasibility of the Road Project. In the event this Agreement is cancelled the parties agree to reconcile all costs previously incurred by them in accordance with the provisions of this Agreement. -10- W\- Agreement No. PW 04-01-07 CSAR 61; C.P. 9112 XVII The provisions of Minnesota Statutes Section 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of . Hennepin County shall be considered a part of this Agreement as though fully set forth herein. The matters set forth in the "whereas" clauses at the beginning of this Agreement are incorporated into and made a part hereof by this reference. (this space left intentionally blank) Agreement No. PW 04-01-07 CSAR 61; C.P. 9112 IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF HOPKINS (Seal) By: Mayor Date: And: Manager Date: CITY OF NIINNETONKA (Seal) By: Mayor Date: And: Manager Date: -12- \ti� Agreement No. PW 04-01-07 CSAH 61: C.P. 9112 COUNTY OF HENNEPIN ATTEST: By: Deputy/Clerk of the County Board Date: APPROVED AS TO FORM: ByM4. Ut Date: County Attorney I o � APPROVED AS TO EXECU'T'ION: Rv: Assistant County Attorney Date: By: Chair of its County Board Date: And: County Administrator Date: And: Assistant County Administrator, Public Works Date: RECOM31ENDED FOR APPROVAL: By: Director, Transportation Department and County Engineer Date: -13- .\S�— ?22430025 ------------ ---------------------1 If O ol so, rU,I - 1 ry rAg le "+— .'' I � 31 •'I , i r 7 \ / � J,y.P �d I I }y�+ [ v � 10 , ----r _�__—,.........................,,s>-_:_�:. CSAR 61 (SHADY OAK ROAD) z ................. -- — — 1. • - .,o' 7 ' al e 1 � I I RLS 610 - -- PROPOSED HIGHWAY RIGHT OF WAY ® PROPOSED DRAINAGE AND UTILITY EASEMENT PROPOSED TEMPORARY CONSTRUCTION EASEMENT PROPOSED TOTAL TAME .� PROPOSEDRWUNE ------- EXIS7INORWLNE —w—�[ PROPODED ORAINAGE AND UTILITY LNE —a—rc SHEET PROPOSED TEMPORARY EASEMENT UNE -------- PROPOSED CONSTRUCTION UVITSLNE CSAR 61 (SHADY OAK ROAD) NUMBER ® PARCELNUMSER COUNTY PROJECT NUMBER 9112 cnon7e-07.coawlm,RO.�.e.aapr RIGHT OF WAY AGREEMENT EXHIBIT 5 l,ITN.MF, Hennepin Countv A reement PW 04-01-07; Exhibit "A" r 22/20035 7271x0016 ,\ 053-x)11717 r, 053-x31072243 �r r, 7 rr rr xfl�ixiypg�3 ,��'r^ S-x-ll'gJ q0o W IL w W Z \ m �J � w ul = N = N w i w F � j ° 5d 4 g = ° nw o � � of 4343"our d L. d a a h ' m, 3 < o, 3 O CC w� r 3 w mzMi zw (illa: � N 3(1N3nV MO z w; C i .1^ ----------- d 3, 053-2311722110001 7 U) 0 F5 1; 073-731 410007' 1 tl: r r ' r rl , 1, r i r r r I 6�OSH-oT�coa� a,woW.�o.m.a� FlRW1E� PROPOSED HIGHWAY RIGHT OF WAY ® PROPOSED DRAINAGE AND UTILITY EASEMENT ® PROPOSED TEMPORARY CONSTRUCTION EASEMENT PROPOSED TOTAL TAKE --- PROPOS ED RW UNE EXISTING RINUNE --11 PROPODED DRAINAGE AND UTILITY UNE --+[-+E PROPOSED TEMPORARY EASEMENT LME -------- PROPOSED CONSTRUCTION LIMITS LINE ® PARCEL NUMBER SHEET CSAH61 (SHADY OAK ROAD) NUMBER COUNTY PROJECT NUMBER 9112 L" RIGHT OF WAY AGREEMENT EXHIBIT 5 �Sr''gRkRogo .� nae�eoT�c cevro�.eo+vo.a..ac� Etfu,uE i. Hennepin -_ I — ' PROPOSED HIGHWAY RIONT OF WAY y ® PROPOSED DRAINAGE AND UTIUTY EASEMENT PROPOSED TEMPORARY CONSTRUCTION EASEMENT PROPOSED TOTAL TAKE •- PROPOSED RW LINE ---�---- EXI$TINGRWLINE n -rt PROPODEO ORAINAGEAND UTILITY LINE -t PROPOSED TEMPORARY EASEMENT LINE -------- PROPOSED CONSTRUCTION LIMITS UNE r� PARCEL NUMBER SHEET CSAH61 (SHADY OAK ROAD) NUMBER COUNTY PROJECT NUMBER 9112 4 RIGHT OF WAY AGREEMENT EXHIBIT` ` A 5 o p �4 U) m i. Hennepin -_ I — ' PROPOSED HIGHWAY RIONT OF WAY y ® PROPOSED DRAINAGE AND UTIUTY EASEMENT PROPOSED TEMPORARY CONSTRUCTION EASEMENT PROPOSED TOTAL TAKE •- PROPOSED RW LINE ---�---- EXI$TINGRWLINE n -rt PROPODEO ORAINAGEAND UTILITY LINE -t PROPOSED TEMPORARY EASEMENT LINE -------- PROPOSED CONSTRUCTION LIMITS UNE r� PARCEL NUMBER SHEET CSAH61 (SHADY OAK ROAD) NUMBER COUNTY PROJECT NUMBER 9112 4 RIGHT OF WAY AGREEMENT EXHIBIT` ` A 5 <:<D�518-D)<coe\non<ibv<. c.OSApn l�LtM.YLi Q e/ N 0' 50' 1 HILLTOP ROAD S ti ti4 u° ® PROPOSED HIGHWAY RIGHT OF WAY ® PROPOSED DRAINAGE AND UTILITY EASEMENT ® PRCPOSED TEMPORARY CONSTRUCTION EASEMENT PROPOSED TOTAL TAKE -- PROPOSED RW UNE ----�--� EXISTINGRWLINE —R—�e PRCPOOEO DRAINAGE AND UTILITY UNE tt—rtPRCPOSEDTEMPORARYEASEMENT HE — — — — — — — PRCPOSED CONSTRUCTION UMTS UNE ® PARCEL NUMBER CSAH61 (SHADY OAK ROAD) COUNTY PROJECT NUMBER 9112 RIGHT OF WAY AGREEMENT EXHIBIT SHEET NUMBER 5 7,7