File #: E-2021-31    Version: 1 Name: Easements for Porter & Acres Intersection Project
Type: Easement Status: Passed
File created: 9/15/2020 In control: City Council
On agenda: 9/22/2020 Final action: 9/22/2020
Title: TEMPORARY EASEMENT E-2021-31: CONSIDERATION OF ACCEPTANCE OF A TEMPORARY DRIVEWAY EASEMENT DONATED BY JERRY'S L.L.C. FOR THE PORTER AVENUE AND ACRES STREET INTERSECTION PROJECT.
Attachments: 1. City Council Staff Report, 2. E-2021-31, 3. Easement Table, 4. Location Map, 5. Easement Location Map
Title
TEMPORARY EASEMENT E-2021-31: CONSIDERATION OF ACCEPTANCE OF A TEMPORARY DRIVEWAY EASEMENT DONATED BY JERRY'S L.L.C. FOR THE PORTER AVENUE AND ACRES STREET INTERSECTION 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 No. 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 Street 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 No. Two 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.

On June 9, 2020, City Council approved the Purchase Agreement for Parcel 3 and accepted easements for Parcels 4, 9 & 11 in the amount of $18,997.

Due to design changes, the previous easement on Parcel 12 is no longer necessary so there are now only eleven (11) parcels included in the acquisition for the Porter Avenue and Acres Street Intersection 2019 Bond Project.

On August 25, 2020 City Council accepted easements for Parcels 5, 6, 7, 8, and 10 in the amount of $137,692.

On September 14th the City of Norman closed on the purchase of Parcel 3, located at 402 N. Porter, for a total cost of $171,896.39 in property, and relocation damages.

DISCUSSION:
The City must acquire right-of-way and/or easements from eleven (11) parcels in the vicinity of Porter Avenue and Acres Street for the construction of the Porter Avenue and Acres Street Intersection 2019 Bond Project. Nine (9) of the eleven (11) parcels have been acquired. This item, if approved by Council, addresses the final two (2) Parcels owned by Jerry's L.L.C.

These easements vary in size and type. Staff requested donations in conjunction with making offers of fair market value based on appraisals.

This item addresses permanent and temporary easements for Parcels 1 and 2. The owner of these parcels and the City have negotiated an Acquisition Agreement that includes monetary compensation, for property and damages, donation of temporary easements, reconstruction of some improvements, and other stipulations. The Acquisition Agreement, Contract No. K-2021-56, is a companion item to this one. The attached table provides the details of each easement. Also, a Right-of-Way Acquisition Sheet is attached providing the location of each easement necessary for the project. Funding for the acquisitions and damages to be paid, for Parcels 1, 1.1, 1.2, 2, 2.1, and 2.2, totaling $105,353, will come from the Porter Avenue and Acres Street Intersection 2019 Bond Project Right of Way Account (Account Org 50594019, Object 46001; Project BP0416). These funds for Parcels 1 and 2 have been encumbered in Requisition No. 32103590.

RECOMMENDATION:
Staff recommends the above described easements be accepted, and that payment be authorized, where appropriate, and the filing be directed thereof.