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TO: |
Board of Trustees |
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THROUGH: |
Jay Fox, Executive Director |
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FROM: |
Jared Scarbrough, Acting Chief Capital Services Officer |
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PRESENTER(S): |
Jared Scarbrough, Acting Chief Capital Services Officer |
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Paul Drake, Director of Real Estate and TOD |
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Janelle Robertson, FR2X Project Manager |
TITLE:
title
R2025-09-07 - Resolution Accepting the Conveyance of Real Property Interests Associated with the FrontRunner 2X and FrontRunner Point Improvements Projects
end
AGENDA ITEM TYPE:
Resolution
RECOMMENDATION:
Approve Resolution R2025-09-07 to accept ownership of property acquired by the Utah Department of Transportation (UDOT) for the FrontRunner 2X (FR2X) and FrontRunner Point Improvements (FPI) Projects subject to certain parameters.
BACKGROUND:
UTA and UDOT are partners working to enhance the capacity and reliability of the FrontRunner commuter rail system under a strategic long-term plan, the FrontRunner Forward Program. As part of this overarching program, UTA and UDOT have jointly designed the FR2X and the FPI projects.
These two projects include double-tracking the FrontRunner corridor at 11 locations, realigning track at one location, acquiring 10 new train sets, and installing a new FrontRunner station in Bluffdale City. While, the FPI project specifically addresses the new Bluffdale station and its associated double-tracking, the FR2X project team is overseeing the property acquisitions for both projects concurrently. In addition, the team is actively working to integrate the FPI project into the broader scope of the FR2X project.
To formalize the roles and responsibilities of each agency, UTA and UDOT signed the FrontRunner Cooperative Agreement dated August 22, 2023 (23-P00299). This agreement was approved by the UTA Board of Trustees in October 2023. Per the agreement, UDOT will purchase the land for the project directly in UTA’s name. Properties needed from Union Pacific Railroad (UPRR) for the projects will be acquired by UTA.
Currently, there are 190 parcels that have been identified for acquisition over the next two or more years. They include approximately 40 acres of land, mostly in the form of strip acquisitions along UTA’s existing FrontRunner corridor. These properties will be purchased using state funds and will serve as the local match for a future Federal Transit Administration (FTA) grant application. UDOT has budgeted $70M to acquire the 190 parcels.
UDOT and UTA have assigned the following identifiers to the projects:
• FR2X: (UDOT) PIN 20253_Project No. S-ST99(835); (UTA) MSP252
• FPI: (UDOT) PIN 21213_Project No. S-R299(483); (UTA) MSP312
UDOT received the state funding and will purchase the real property acquisitions for the projects on behalf of UTA. However, in accordance with UTA Board of Trustees Policy No. 5.2 (III.A.1.a), Board approval is required for all real property transactions with an aggregate value of $250,000 or more.
Additionally, under the recently enacted Utah Code § 57-1-48, a public entity must sign an affidavit accepting ownership at the time the property is recorded in its name.
To satisfy these requirements and authorize UTA staff to accept ownership of the FR2X and FPI properties purchased on behalf of UTA, we are seeking UTA Board approval of the attached resolution subject to the following stipulations:
1. The Resolution will have an expiration date of December 31, 2027.
2. UTA staff will confirm that UDOT has performed the necessary environmental testing and clearances on each parcel prior to acceptance.
3. Individual parcels valued at $1,000,000 or greater will still require UTA Board approval.
4. UTA staff will provide a quarterly written report to the Board of Trustees reporting the number, land size, location, and value of properties accepted under UTA ownership during the previous quarter.
DISCUSSION:
UTA and UDOT have agreed that parcels be purchased directly in UTA’s name to avoid duplicating cost, time, effort, and documentation. It also ensures that UTA receives the properties in a timely manner and is covered under title insurance. That process also simplifies ownership, access rights, and maintenance responsibilities.
Consolidating the corridor properties in UTA’s name enhances property management efficiency and consolidates environmental and FTA reporting responsibilities. The FrontRunner corridor is flanked by the adjacent Union Pacific mainline. Purchasing the properties in UTA’s name, as agreed, would avoid UTA’s corridor being wedged between UPRR and UDOT property and forcing utilities or municipalities, desiring to cross the corridor in those locations, to acquire licenses from all three owners.
UTA has existing environmental responsibilities to the active corridor and is self-insured. The resulting increase in risk to UTA would be minimal. The parcels being acquired are mostly vacant land and the UTA Environmental team will verify and confirm the environmental clearance for each parcel prior to ownership acceptance.
ALTERNATIVES:
Reject the resolution. This could create conflicts between UDOT’s efforts to acquire right of way and its obligations to UTA under the Cooperative Agreement.
FISCAL IMPACT:
Operating and Maintenance costs are included in the FR2X financial plan. UTA maintains and manages the FrontRunner system and properties. UTA self-insures its corridors and will employ the same controls on the widened right-of way. The inherent risk will not substantially change, and the increase to risk obligations will be minimal. Consolidating ownership of the corridor will create management and reporting efficiencies.
ATTACHMENTS:
1. Resolution
2. Exhibit - Sample Deed to UTA
3. Exhibit - Sample Affidavit Accepting Land Ownership
4. FR2X Memorandum Agreement with UDOT (UTA Contract 25-P00493 signed 5/20/2025)
5. FPI Memorandum Agreement with UDOT (UTA Contract 25-P00496 signed 6/9/2025)
6. FrontRunner Cooperative Agreement (UTA Contract 23-P00299 signed 8/22/2023)