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.