Mt. Vernon Register-News


January 8, 2014

Right-of-way problem costs city

MT. VERNON — Original right-of-way documentation and plats for North 42nd Street are non-existent, causing the city to spend an additional $39,000 in engineering fees.

An amendment for the engineering agreement was approved by the council Monday night with Henry, Meisenheimer & Gende — the firm engineering the North 42nd Street reconstruction project. The change in the task order was precipitated due to additional services that need to be performed by the engineer as part of the right-of-way

acquisition to modify the payment accordingly.

“The original task order not-to-exceed fee was based on the city owning the majority of ROW along 42nd Street, but no ROW plat was ever produced or found,” the modification states. “It was discovered through a title search that most of the ROW was assumed ROW as property deeds showed property lines still ran to the section line. Resulting efforts to locate/determine existing ROW and existing property boundaries were much greater than originally anticipated.”

Once the problem with the right-of-way and street plat were discovered, the city requested HMG prepare and provide interim submittal of draft plats for discussions with property owners.

“Portions of these were able to be used as the basis for final plats, however, much of the work involved with preparing the draft plats required revisions as various information had to be removed, the plats had to be re-scaled to allow for all dimensions and all call-outs, and there were revisions necessary between the draft plats and the final plats as design progressed.”

The extra work brought the fee to HMG from $75,000 to $114,000.

The change to the contract was one of only two action items on the agenda for Monday’s meeting, which was held in spite of bitterly cold temperatures and bad road conditions. A representative of Tnemec Co., which was on the agenda to officially recognize the city for its “Tank of the Year” distinction for the Times Square water tank, was unable to attend due to the road and weather conditions.

The council also approved a request to seek bids to construct a storage building at the Mt. Vernon Police Range.

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