File #: K-1920-132    Version: 1 Name: Purchase Agreement Porter & Acres Intersection Project
Type: Contract Status: Passed
File created: 5/29/2020 In control: City Council
On agenda: 6/9/2020 Final action: 6/9/2020
Title: CONTRACT K-1920-132: A CONTRACT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND KEVIN M. RILEY IN THE AMOUNT OF $170,000 FOR REAL PROPERTY LOCATED AT 402 NORTH PORTER AVENUE PLUS CLOSING COSTS TO BE DETERMINED PRIOR TO CLOSING FOR THE PORTER AVENUE AND ACRES STREET INTERSECTION 2019 BOND PROJECT.
Attachments: 1. City Council Staff Report, 2. Parcel 3 - Purchase Agreement Owner Signed, 3. Easement Location Map, 4. Location Map, 5. Easement Status

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CONTRACT K-1920-132:  A CONTRACT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND KEVIN M. RILEY IN THE AMOUNT OF $170,000 FOR REAL PROPERTY LOCATED AT 402 NORTH PORTER AVENUE PLUS CLOSING COSTS TO BE DETERMINED PRIOR TO CLOSING FOR THE PORTER AVENUE AND ACRES STREET INTERSECTION 2019 BOND PROJECT.

 

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BACKGROUND: On February 26, 2013, City Council approved engineering services Contract K-1213-165 with the engineering firm of Cabbiness Engineering, L.L.C., in the amount of $55,300 to provide a conceptual design for the Porter Avenue and Acres Street Intersection 2019 Bond Project.

 

On November 25, 2014, the Norman City Council approved Programming Resolution R-1415-54, for the Porter Avenue and Acres Street Intersection 2019 Bond Project. 

 

On July 11, 2017, City Council approved Amendment Number One to engineering services Contract K-1213-165 with the engineering firm of Cabbiness Engineering, L.L.C., in the amount of $160,000 to provide final design for the Porter Avenue and Acres Street Intersection 2019 Bond Project.

 

On April 2, 2019, the citizens of Norman voted in favor of a Bond Issue to finance the local share of nineteen transportation improvement projects. One of the nineteen 2019 bond projects is the Porter Avenue and Acres Street Intersection Bond Project.  Please see the attached location map showing the project boundaries.

 

Proposed improvements for the Porter Avenue and Acres Street Intersection 2019 Bond Project include:

 

1.                     Revised geometry of the intersection to enhance traffic operations and pedestrian safety

2.                     New traffic signals with ADA compliant ramps and crossings

3.                     New storm water structures meeting current City of Norman codes and ordinances

4.                     Dedicated left turn lanes to enhance traffic operations

5.                     Reconfigured access from Daws St. to accommodate intersection improvements at Porter and Acres

6.                     Utility relocations as needed to accommodate intersection improvements

7.                     New ADA compliant pedestrian sidewalks adjacent to the roadway

 

On August 13, 2019, City Council approved Authorization for Expenditure Number Three to Contract K-1314-102 with Smith-Roberts Land Services, Inc., for the Porter Avenue and Acres Street Intersection 2019 Bond Project in the amount of $65,230 for right of way acquisition services.

 

DISCUSSION: The City plans to acquire right-of-way and/or easements from twelve (12) parcels in the vicinity of Porter Avenue and Acres Street for the construction of the Porter Avenue and Acres Street Intersection 2019 Bond Project. Parcel 3 located at 402 N. Porter is unique in that, in the interest of public safety, the intersection design geometry requires the demolition of the building on the parcel.  This necessitates the City’s purchase of the parcel and on-site structure, in their entirety, rather than acquisition of an easement.  The property owner and Staff have negotiated a price of $170,000 for the purchase of the property as well as damages for relocation of the existing business, and with the condition of the owner being permitted to remove and retaining all of the heating, ventilation, and air conditioning equipment located within the building.  The agreement stipulates that the owner shall have until the date of closing to salvage the retained equipment and remove it from the premises.  Staff seeks Council approval of the purchase of the property under the negotiated terms. Funding for the acquisition to be paid for Parcel 3 will come from the Porter Avenue and Acres Street Intersection 2019 Bond Project Right of Way Account (Account Org 50594019, Object 46001; Project BP0416). 

 

RECOMMENDATION No. 1:  Staff recommends Council approval of the Purchase Agreement with Kevin M. Riley, for the property located at 402 N. Porter Avenue, in the amount of $170,000 (inclusive of relocation damages) plus closing costs to be determined prior to closing.

 

RECOMMENDATION No. 2:  Staff recommends that the Council authorize the City Manager to execute all closing documents for the purchase of the property located at 402 N. Porter Avenue.