1e. Approve Agreement with Twin Cities & Western Railroad1 MEMORANDUM
CITY OF I
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
' TO: Don Ashworth, City Manager
FROM: Charles Folch, Director of Public Works /City Engineer
' DATE: August 10, 1994
SUBJ: Approve Agreement with Twin Cities & Western Railroad for the Construction of
Pedestrian Trail Crossing at Market Boulevard and Great Plains Boulevard
Project No. 92 -3 -9
' The West 78th Street and Downtown Improvement Project has constructed trail and walk segments to
connect the downtown with community trail corridors such as Kerber Boulevard, Trunk Highway 101
North Leg, Trunk Highway 5, Market Boulevard and County Road 17 (Powers Boulevard). One final
element of the trailway system that needs to be completed is the construction of pedestrian crossings
across the Twin Cities & Western Railroad tracks at Market Boulevard and at Great Plains Boulevard.
' The attached agreement between the Twin Cities & Western Railroad Company and the City of
Chanhassen grants the City a trail easement across the railroad property along both sides of Market
Boulevard and Great Plains Boulevard. The agreement also details the work items and cost for Twin
Cities & Western Railroad to complete these crossings. The cost estimate from Twin Cities & Western
Railroad is comparable to the previous costs for the crossings on the Trunk Highway 101 North Leg
Improvement Project. The easement fee is $200 for each crossing which equates to a total of $800.
Given that the completion of the trail crossings of the Twin Cities
P g &Western Railroad at both sides of
Market Boulevard and Great Plains Boulevard is imperative in linking the downtown trail system with
' the City's corridor system, it is recommended that the City : Council hereby approve the agreement with
Twin Cities & Western Railroad Company dated August 22, 1994 which includes an easement fee of $800
and construction contract amount not to exceed $6,669.10.
jms
Attachment: 1. Agreement
c: Dave Hempel, Assistant City Engineer
' Mike Wegler, Street Superintendent
Jon Horn, BRW
David Juliff, SRF
g: \eng \thanes \ee \crossing
' THIS INDENTURE, made this 22nd day of August , 1994,
' between TWIN CITIES & WESTERN RAILROAD COMPANY, a Minnesota
corporation, (hereinafter called the "Grantor "), and the City of
Chanhassen, Minnesota, (hereinafter called the "Grantee ").
WITNESSETH:
That the Grantor, in consideration of the sum of Eight Hundred
' and N01100 Dollars ($800.00) to it in hand paid by the Grantee, the
receipt whereof is hereby acknowledged, does hereby grant unto the
' Grantee an easement for a sidewalk in the City of Chanhassen,
Carver County, Minnesota, such easement to continue only so long as
i used for such purpose, upon and across the area outlined in red on
the print attached hereto and marked Exhibit "A ".
' Reserving, however, unto the Grantor, its successors and
assigns, the right and privilege to use said land for the
maintenance and operation of railroad tracks and facilities,
including the right to permit other parties to use said land, and
further reserving the right and privilege to use said land for any
and all other purposes that are not inconsistent with the use
'
thereof for
the purpose or
purposes permitted
by this indenture,
and further
reserving the
right to prevent
the placement or
maintenance of any facility
upon said land in a
manner which would
unreasonably
interfere with
the maintenance and
safe and continuous
'
operation of
railroad tracks and facilities.
The Grantor shall erect and maintain warning signs on each
I fs/ cAdocs\TCW\Easement.Cha
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side of the crossing of the sidewalk and Grantor's railroad and
shall construct and maintain said crossing. Upon bills being
rendered therefore, Grantee shall promptly reimburse Grantor for ,
all costs incurred or to be incurred by it in connection with the
'
erection of said warning signs, the construction of said crossing
and the maintenance and renewal of said signs and crossing. It is
agreed that the cost of initial construction is Six Thousand, Six
on
'
Hundred Sixty -nine and 10 /100 Dollars ($6,669.10) as shown
Exhibit B attached hereto. Grantee shall be responsible for
'
removal of snow from the crossing.
The Grantor reserves the title to said land to itself, and the
,
Grantee's maintenance and use for the above purposes upon said
land, however long continued, shall not vest in the Grantee rights
i
adverse to those of the Grantor other than those granted by this
'
indenture.
The Grantor makes no warranty of title to said land, nor does
it warrant that it has the right to grant the said easement. The
Grantee shall not have any recourse whatsoever against the Grantor r
in the event that the Grantee shall be required through action of
any third party to remove the bikeway and trail from said land. '
This indenture shall inure to the benefit of and be binding '
upon the successors and assigns of the Grantor and Grantee.
C
fs/ c:Wocs \TCW\Easement.Cha 2 1
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IN WITNESS WHEREOF, the Grantor and Grantee have executed the
Agreement as of this day and year first above written.
In the Presence of:
In the Presence of:
fs/ cAdocs \TCW\Fssement.Chs
TWIN CITIES is WESTERN RAILROAD
COMP
By
Its President
CITY OF CHANHASSEN
By
Its Mayor
By
Its City Manager
L_I
STATE OF MINNESOTA)
ss
COUNTY OF HENNEPIN) '
T4ie foregoing was acknowledged before me this day of
HU(AVA , 1994, by William F. Drusch, the President of Twin
Cities Western Railroad Company, a corporation under the laws '
of Minnesota, on behalf of the corporation.
RACHEL B. CHRISTENSEN
NOTARY PUBLIC - MINNESOTA Not y Public
My CommInIm Expita 14140 ,
PPP- P 0001~00~
STATE OF MINNESOTA)
) ss '
COUNTY OF HENNEPIN)
On this day
of
1994, before me appeared
and
to me
personally known, who
being
duly sworn,
did say that they were
respectively Mayor and
City
Manager of
the City of Chanhassen, a
'
municipality; and that
said
instrument
was executed in behalf of
the City by authority
of its
City Council; and they acknowledged
said instrument to be
the free act and
deed of this municipality.
Notary Public
L
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fs/ cAdocs\TCW\1Easement.C6a 4 1
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COST ESTIMATE FOR EIGHT FOOT CROSSINGS
• MARKET & GREAT PLAINS BVLD.
CHANHASSEN MN.
PEOPLE & EOUPMENT FOR INSTALLATION
LABOR OVEF"MW P
PDIEMAN OVEFTMIE M
MACHNE OPEIOVERDME S
SOOMTM" FRT.ENOLD. W
WLDW CFEW SMALL TOOLS WOWRMIN TIE
QUANTITY
RATE
TOTAL
24.06 0.00 520.48 0.00 371.20 0.00 560.00 0.00 0.00 72.00 0.00
320.001 320.001 371.201 0.001 60.001 0.00
MATERIAL
REe
QUANTITY
RATE
TAX (6.5 %)_
TOTAL
ML FRle Wile A/YYNMM wwmw wv.na- r
20 0.5 38 20 A02.
34.18 80.00 40.00 5.00
44.43 0 0 0 2.6 0 93.8 6.5
728.03 0.00 0.00 0.00 42.80 0.00 1533.60 108.50
Total 5,875.83
SUBTOTAL 5,675.83
OVERHEAD BASED ON 7.5% 425.69
CONTINGINCY BASED ON 10% 567.58
TOTAL 6,669.10
MATERIAL
REe
QUANTITY
RATE
TAX (6.5 %)_
TOTAL
ML FRle Wile A/YYNMM wwmw wv.na- r
20 0.5 38 20 A02.
34.18 80.00 40.00 5.00
44.43 0 0 0 2.6 0 93.8 6.5
728.03 0.00 0.00 0.00 42.80 0.00 1533.60 108.50
Total 5,875.83
SUBTOTAL 5,675.83
OVERHEAD BASED ON 7.5% 425.69
CONTINGINCY BASED ON 10% 567.58
TOTAL 6,669.10
Total 5,875.83
SUBTOTAL 5,675.83
OVERHEAD BASED ON 7.5% 425.69
CONTINGINCY BASED ON 10% 567.58
TOTAL 6,669.10