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File #: 19-0469    Version: 1 Name: 3/18/19 841 Broadway Easement for Allen Creek Railroad Berm
Type: Resolution Status: Passed
File created: 3/18/2019 In control: City Council
On agenda: 3/18/2019 Final action: 3/18/2019
Enactment date: 3/18/2019 Enactment #: R-19-115
Title: Resolution to Approve an Agreement with DTE Gas Company for Storm Water and Sidewalk Easements and a Temporary Construction Permit at 841 Broadway for the Allen Creek Railroad Berm Opening Project (8 Votes Required)
Sponsors: Christopher Taylor
Attachments: 1. DTE 841 Broadway Easement Agreement.pdf, 2. DTE 841 Broadway Easement Exhibits.pdf
Title
Resolution to Approve an Agreement with DTE Gas Company for Storm Water and Sidewalk Easements and a Temporary Construction Permit at 841 Broadway for the Allen Creek Railroad Berm Opening Project (8 Votes Required)
Memorandum
DTE has signed an easement agreement in fulfillment of an obligation in a prior agreement between DTE and the City, approved by Council on June 18, 2018 (R-18-256). This easement agreement grants the City a temporary construction permit and permanent storm water and sidewalk easements across DTE's property at 841 Broadway that are essential for the Allen Creek Railroad Berm Opening Project.

The Allen Creek Railroad Berm Opening Project includes installing a culvert through the railroad berm to provide flood relief in the Depot Street area and an adjacent pedestrian tunnel to allow nonmotorized access connecting Depot Street to Argo Nature Area and the Border-to-Border Trail. The project is partly funded with federal and state grants.

It is required that the City obtain these easements (and the easements on 115 and 201 Depot, which are also before Council on March 18, 2019) before the project can enter the MDOT bidding process. After going to bid, the project will be ready to proceed to the construction phase, which is anticipated to begin in the summer of 2019.

Background: Council has taken a number of actions in furtherance of this project, including:

On August 15, 2016, Council passed a resolution (R-16-331) to accept a $3,085,550 phased FEMA Hazard Mitigation Assistance Grant.

On January 3, 2017 Council passed a resolution (R-17-004) to authorize a $674,656.50 professional services agreement with Bergmann Associates, Architects, Engineers, Landscape Architects & Surveyors, D.P.C. (Bergmann) for the design of the project.

On March 20, 2017, Council passed a resolution (R-17-083) to approve a grant application to the Michigan Natural Resources Trust Fund (MNRTF) Program for the project.

On May 15, 2017, Council passed a re...

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