W.O. 10-27 Central Avenue Sidewalks is a sidewalk project that will also include widening of Central Avenue from 29th St to 32nd St W on the north side.  The improvements include curb and gutter, sidewalk, drive approaches, and street widening.  There are two properties within this project where additional right-of-way is required to construct the improvements.  

City staff has been negotiating with Gerald A Neumann and Edward Jorden to purchase Right-of-Way and obtain a Right-of-Way Easement for Lot 7, Block 9, Central Acres Subdivision 5th Filing.  Currently, the traffic signal at the Central/32nd St. W. corner of this property is on private property.  Also, part of the existing sidewalk along 32nd adjacent to this property is on private property.  City staff has negotiated with the property owners to purchase the necessary Right-of-Way to construct the sidewalk at the corner and have the existing traffic signal within City right of way for a total of $3,693.76.  Right-of-Way to be acquired is shown in Exhibit A of the Right-of-Way Agreement.  The adjacent property owners also agreed to a Right-of-Way Easement for the sidewalk along 32nd St W which is shown on Exhibit A of the Right-of-Way Easement.

The second property is located between 31st St W and 29th St W and is part of Certificate of Survey 1232 as shown and described in the Exhibit of the Aspen Grove Partnership Right-of-Way Easement.  The property owners have agreed to a 10 foot Right-of-Way Easement along this property which will match adjacent east and west lots along Central Ave.

1. Approve the Right-of-Way Agreement, Warranty Deed, and Right-of-Way Easement with Gerald A Neumann and Edward Jorden and Right-of-Way Easement with Aspen Grove Partnership and authorize the mayor to sign.
2. Do not approve the Right-of-Way Agreement, Warranty Deed, and Right-of-Way Easement with Gerald A Neumann and Edward Jorden and Right-of-Way Easement with Aspen Grove Partnership or authorize the mayor to sign.  If the Right-of-Way Agreement and Easements are not approved, some of the improvements can not be constructed, the existing traffic signal will be on private property, and part of the sidewalk on 32nd St W will be on private property.

The cost of the right-of-way from Gerald A. Neumann and Edward Jorden is $3,693.76 which matches the right-of-way agreement.  Gas Tax funds will be used to purchase the property.  There is no cost to the City for the two right-of-way easements.

Staff recommends that the City Council approve the Right-of-Way Agreement, Warranty Deed, and Right-of-Way Easement with Gerald A Neumann and Edward Jorden and Right-of-Way Easement with Aspen Grove Partnership.