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REQUEST FOR COUNCIL ACTION Date: 03/21/11 Item No.: 7 . i Department Approval City Manager Approval Item Description: Approve the Acquisition of a Permanent Easement for a portion of property located at 2280 Terminal Road, City of Roseville =1L 11 2 City of Roseville streets cross Railroad tracks in 7 locations throughout the City. On Terminal 3 Road, there are two railroad crossings. One located to the east of the Old Dutch Foods driveway 4, at 2375 Terminal Road, the other is located just east of Walnut at 2425 Terminal Road. The one 5 at 2375 Terminal Road was upgraded in 1999. The crossing at 2425 Terminal Road is not 6 upgraded. "7 In 2006, the Minnesota Department of Transportation determined that the construction of a 8 railroad crossing signal at 2425 Terminal Road was necessary based on train/ vehicle accidents. 9 This crossing currently does not have flashers cantilevered over the roadway. Instead it has the 110 basic metal signs on the side of the road. All costs for construction of railroad crossing signals 11 and railroad crossings are the responsibility of the road authority. To accomplish the state 12 mandated safety improvement, Mn/DOT received Federal Funds to construct this new signal. 13 The matching funds are the responsibility of the City of Roseville since Terminal Road is under 14, our jurisdiction. The maintenance of the new crossing signals will be the responsibility of 15 Minnesota Commercial Railway Company. 116 On January 8, 2007, the City Council entered into an agreement with the Minnesota Commercial 1 7 Railway Company and the State of Minnesota Commissioner of Transportation, to construct new 11 111""'1�111 crossing warning signals at the railroad crossing just to the east of Walnut Street. The signal 119 would replace the existing railroad passive cross-bucks with flashing light cantilevers, constant 20 warning circuitry, and LED lenses. 2i The signals were slated for installation in 2009, however upon review of the right-of-way for this 22 site the need for an easement on both the north and south sides of the road was discovered. 23 Staff has been working on obtaining the easements necessary to construct the crossing signal for 24, over a year. We purchased a 224 square foot easement from International Paper, the north side 25 property owner, last fall. We have come to an agreement with the south side property owner, 26 Meritex, for this 980 square foot easement and are requesting that the City Council authorize the 27 acquisition. Meritex has agreed to provide the easement to the City for $, 10,000. 28 POLICY OBJECTIVE 29 Whenever possible the City works to negotiate settlements for easements. Going through 3o Eminent Domain proceedings to condemn the land necessary for the public improvement takes 3 1 time and costs additional money. State statute entitles commercial property owners to $,5,000 for 32 a second appraisal. On top of that, there would be staff time, attorney time, and at least a 6 Page I of 2