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4.4. SR 10-06-1997xy of 'ver MEMORANDUM Item #4.4. TO: FROM: DATE: SUBJECT: Mayor & City Council Pat Klaers, City A dmi~~ October 6, 1997 ~ Evergreen Land Services Proposal Over the past year or so, staff has commented on the land acquisition services that are provided by the Evergreen Land Services company. This company has the expertise the city needs in order to efficiently and fairly purchase the necessary right-of-way for the future connection of the 171st and 175th Avenues in the eastern part of the city. The attached August 12, 1997, letter from the president of Evergreen, Bud Storm, outlines the services that they will provide to the city and the cost for these services. Please note that the city must provide Evergreen with certain information in order for them to adequately perform their job. In this regard we will have to obtain additional services from the Patchin and Associates Appraisal firm to receive an estimate of the damages for the taking of this property, the city engineer will have to finalize the easement documents, and a title review will need to be completed. Bud will work with Patchin and our staff in order to get this material put together so that he can perform the tasks necessary in order for us to acquire right-of-way for this street improvement project. As the Council discussed on September 29, 1997, this project ties in very closely with the signal justification at 171st and Highway 10. If everything goes smoothly and funding is available, it is conceivable that a two lane street project (out of an ultimately designed four lane project) could be ordered and under construction in 1999. Recommendation If the official map is approved (Agenda Item 4.3.), staff recommends that the city hire Evergreen Land Services Company for the acquisition of right-of- way along the Tyler Street alignment between 171st Avenue and 175th Avenue as outlined in the August 12, 1997, letter to the City Administrator. \\elkriver\sys\shrdoc\council\evrgreen.doc 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 EVERGREEN LAND SERVICES CO. 6110 BLUE CIRCLE DRIVE, SUITE 140 MINNETONKA, MN 55343 Office (612)-930-3100 Fax (612)-935-0862 August 12, 1997 Mr. Pat Klaers City Administrator City of Elk River 13065 Orono Parkway Elk River, MN 55330-0490 RE: Tyler Street between 175th and 171st Avenue Dear Mr. Klaers: Thank you for meeting with me last week. You requested that I provide you with an estimate of cost, process used, and time required to secure six easements for the referenced project. You also requested that I provide you with a description of our firm and our experience and qualifications. First, our cost estimate. The City will provide us with descriptions of the takings, an appraisal and review of the damages, title review and easement document. Evergreen Land Services Company's activities would include the following: · Meet with staff to discuss project coordination, timing and procedures. Attend any other meeting with staff as requested. · Read appraisal and review and discuss with appraisers as necessary. · Prepare Just Compensation Offer Letter for City's signature on all parcels. · Prepare landowners information booklet for each parcel. · Deliver Offer Letter and Booklet to owners and begin negotiations. · In negotiations, gather information and work towards resolving disagreements and disputes. · Ail written and oral communication will be documented in each individual file. · Record signed easements (Fee documents will be under closing services). · Prepare a weekly report on status of negotiations. All of these activities will comply with and be under the guidelines of the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970, Minnesota State Aid Procedures and Minnesota State Statutes 117.50 - 117.52. Successfully serving our clients for 25 years · 1972 - 199~ Mr. Pat Klaers August 12, 1997 Con't page 2 To estimate the cost of landowner negotiations is difficult. A number of variables enter into it such as how well the project is received by the property owners, the impact of the takings and if the owners are represented by attorneys. Of the six parcels, two are zoned industrial and four are residential. The cost to secure easements on the industrial parcels could range from $750 to $1,500 and the residential parcels could range from $500 to $1,000. If we use the high range our estimate would be $7,000. We will work with your attorney on title and document conditions and this will not increase the estimate. Attached is our price schedule. We bill on an hourly basis for actual hours worked. Our billings are twice a month, the 15th and the end of the month. Next is the time schedule. Our activities can begin at any time. There are preliminary activities that can take place before the appraisal and reviews are completed. The offers and negotiations cannot begin until they are complete. I would than say that within thirty days after the offer is made, it will be known if condemnation is necessary. Last, I am attaching a description of our firm with our experience and qualifications and a list of our clients. We think this project will be challenging and we look forward to working with you on it. If there are any questions, please call. Sincerely, Stuart "Bud" Storm, SR/WA President SBS:bz Enclosures cc: Terry Maurer DESCRIPTION OF FIRM EXPERIENCE AND QUALIFICATIONS ELS is a Minnesota corporation which has provided land and right of way acquisition and relocation assistance services since 1972. Our current level of staffing is 12 full time employees and 3 part time employees, with individual experience in the right of way and relocation fields of up to 35 years. Different employees have different areas of expertise (often overlapping), but collectively the company has employees experienced in the areas of title research and analysis, document and file preparation, negotiation and relocation assistance (including compliance with local, state and federal procedural requirements). ELS complies with all licensing requirements established by the State of Minnesota, including the specific statutory requirement that the company be licensed as a real estate broker and all employees involved in negotiation activities also be licensed as real estate brokers or salespersons. Minnesota Statutes Sections 82.17, 82.18 and 82.19 mandate that any person or company who attempts to negotiate the purchase of an interest or estate in real estate be licensed under Chapter 82 except, in general, when the person is an employee of a public utility or governmental unit and acting on behalf of their employer. The law clearly requires that companies and personnel engaging in land and right of way acquisition activities on a consulting basis be properly licensed, and ELS fully complies with these requirements. ELS has extensive experience in acquisition activities and relocation work for public entities. The firm's staff is recognized for the wide variety of projects on which they have worked under the guidelines of the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended, the implementing federal regulation 49 CFR Part 24, and Minnesota State Statutes 117.50-117.52. We have also worked on projects under specific funding sources such as the Department of Housing and Urban Development, U. S. Army Corps of Engineers, Federal Aviation Administration, Federal Highway Administration, and Minnesota State Aid. ELS presently provides acquisition and relocation services to over 25 public entities. ELS is the only consultant approved by Minnesota Department of Transportation for both acquisition and relocation projects and we are currently providing services to them. ELS maintains a staff of 12 full time employees who are qualified professionals with diverse experience in land acquisition which insures the quality and cost effective implementation of each project. Realizing that the abilities of individual professionals are paramount to the success of a team, ELS has assembled a team which assures our client that the proper blend of experience and expertise provided for their particular type of project. ELS' excellent reputation and record of accomplishment is an extension of the experience of our qualified personnel, as well as the close working relationship we establish with our clients,. Our primary objective is client satisfaction which is attained by working closely with our clients, dedication to sensible and practical project implementation, maximizing financial participation and meeting the time and budgetary needs. ELS is also very sensitive to the timing and restrictive guidelines of different clients. We maintain excellent working relationships with all staff members of regulatory and approval agencies. The firm's experience includes not only municipal projects, but also includes the acquisition of land and land rights for various utilities. Rights have been secured for Metropolitan Waste Control, electric utilities, gas utilities, telephone companies, fiber optics and airports. The firm has extensive experience in the following specialized areas: Title search - both field title and court house records Relocation Plans Project Cost Tracking Relocation Assistance under the Uniform Act Negotiation for both Residential and Commercial Properties Partial and Whole Takes and Clear Zone Easements Experience in coordination of subcontractors including: [] Environmental Audits [] Titles [] Closings [] Appraisals [] Property Management [] Surveyors Manager/Consultant Evergreen Land Services Company 1997 RATE SCHEDULE $57.00 per hour Relocation Director Relocation Specialist Acquisition Agent Drafiperson Typist, Clerical Vehicle mileage allowance Relocation Services Acquisition Services $57.00 per hour $43.00 per hour $43.00 per hour $27.00 per hour $23.00 per hour $0.33 per mile For miscellaneous costs: Long distance phone charges, maps, copies of documents, expendable material, recording fees, subcontractor or other costs required to complete projects. (A receipt of purchase must accompany all such charges) Add 22% to actual cost. Please note that on the hourly charge there are no labor additives listed as an extra charge. They are included. This is a partial list of major companies or agencies that Evergreen Land Services has provided services for: Amoco Oil Company City of Appleton City of Brooklyn Center City of Crystal City of Golden Valley City of Mankato City of Maplewood City of Minnetonka City of Mound City of New Brighton City of Oak Grove City of piymouth City of Ramsey City of Savage City of Shoreview City of St. Cloud City of St.Paul City of Wadena County of Carver County of Dakota County of Scoa City of Blaine City of Brooklyn Park City of Farmington City of Lexington City of Maple Grove City of M~nneapolis City of Monticello City of Mounds View City of Newport City of Pease City of Prior Lake City of Roseville City of Skahopee City of Shorewood City of St. Louis Park City of Woodbury Silver Creek Township County of Chisago County of Ramsey County of Washington Diversified Energy Company ( Minnegasco) Enron Corporation (Northern Natural Gas Company) General Telephone Company (Wisconsin) Koch Industries Lakehead Pipe Line Company Minnesota Department of Transportation Minnesota- Metro Transit Commission Minnesota - Metropolitan Waste Control Minnesota Pipeline Company Minnesota Power Company Minnetonka Public Schools North St. Paul, Maplewood, Oakdale School District #622 North Central Public Service Company Northern Minnesota Utilities Southern Minnesota Municipal Power Association U S West Communications/Northwestern Bell Telephone Co. Union Carbide Corporation United Power Association Sprint/United Telephone System - Minnesota Western Gas Utilities, Inc. Williams Pipeline Company This list is to be kept confidential.