DEPARTMENT: Transportation
FILE TYPE: Consent Action
TITLE
title
Approval Of Right Of Way Acquisition And Quick-Take Condemnation And Authorization To Amend 2024 Budget For County State Aid Highway 42 Federal Mill And Overlay In City Of Apple Valley, County Project 42-172
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PURPOSE/ACTION REQUESTED
• Approve acquisition of right of way and authorize initiation of quick-take condemnation for the County State Aid Highway (CSAH) 42 federal mill and overlay in Apple Valley, County Project (CP) 42-172 (Attachment: Project Location Map),
• Authorize an amendment of the 2024 Transportation Capital Improvement Program (CIP) Budget for CP 42-172.
SUMMARY
To provide a safe and efficient transportation system Dakota County is proceeding with CP 42-172, the CSAH 42 federal mill and overlay, and Americans with Disabilities Act (ADA) improvements in the city of Apple Valley (see Attachment: Location Map). Construction of CP 42-172 is scheduled for 2025.
Dakota County is the lead agency for CP 42-172 design and right of way acquisition. A total of 15 parcels have been identified from which right of way will be acquired by the County. Appraisals were completed by Valbridge Property Advisors, Inc., with a total appraised value $107,250 for the 15 parcels. Appraisal data has been provided to the County Board in separate confidential spreadsheet, as the appraisals are confidential, non-public data pursuant to Minn. Stat. § 13.44, subd. 3.
If timely acquisition by direct negotiation of all required parcels does not appear possible, staff recommends that the County Board authorize the County Attorney’s Office to initiate quick-take condemnation of the remaining parcels. Efforts will be made to negotiate agreeable settlements before and after the start of the condemnation process.
An amendment to the approved 2024 CIP budget is necessary. The 2024 Transportation CIP Approved Budget does not have sufficient funds for the right of way acquisition required to complete the project. The total shortage is $78,115 and being funded by Transportation right of way set-aside funds.
RECOMMENDATION
recommendation
Staff recommends the approval of right of way acquisition and authorization for potential condemnation for the right of way necessary for CP 42-172 and amendment of the 2024 Transportation CIP Adopted Budget.
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EXPLANATION OF FISCAL/FTE IMPACTS
The 2024 Transportation CIP Adopted Budget for CP 42-172 includes a total of $491,200 for consultant services and land acquisition. Due to existing contract commitments, there is a budget shortage of $58,115. A budget amendment totaling $78,115 is needed to complete the acquisition of all easements. The funding breakdown is as follows: $58,115 for right-of-way offers and an additional $20,000 for negotiations, property owner appraisals reimbursement, permit fees, printing charges, attorney fees and documentation. The right of way acquisition cost for ADA improvements and pavement preservation is funded 100 percent by the County. The total shortage of $78,115 is being funded by Transportation right of way set-aside funds.
☐ None ☐ Current budget ☐ Other
☒ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, Dakota County is proceeding with County Project (CP) 42-172, the County State Aid Highway (CSAH) 42 federal mill and overlay and Americans with Disabilities Act (ADA) improvements in the city of Apple Valley; and
WHEREAS, Dakota County is the lead agency for design, right of way acquisition, and construction for CP 42-172; and
WHEREAS, construction is scheduled to occur in 2025; and
WHEREAS, right of way acquisition is necessary to allow for construction to begin as scheduled; and
WHEREAS, the following acquisitions are necessary to proceed with CP 42-172:
Parcel 2 - Grace Lutheran Church - PID 01-03300-03-010
Highway easement 125 square feet
A permanent easement for highway purposes over the south 5.00 feet of the north 85.00 feet of the west 25.00 feet of the east 101.86 feet of the Northwest Quarter of the Northeast Quarter of Section 33, Township 115 North, Range 20 West, Dakota County, Minnesota.
Parcel 3 - Centro Bradley Southport - PID 01-71050-01-020
Highway easement 210 square feet
A permanent easement for highway purposes over the north 10.00 feet of the east 21.00 feet of Lot 2, Block 1, Southport Centre, according to the recorded plat thereof, Dakota County, Minnesota.
Temporary easement 410 square feet
A temporary easement for highway purposes over the north 20.00 feet of the east 31.00 feet of Lot 2, Block 1, Southport Centre, according to the recorded plat thereof, Dakota County, Minnesota EXCEPTING from said easement the north 10.00 feet of the east 21.00 feet of said Lot 2.
Parcel 7 SCP 2006 C23 178 LLC PID 01-71000-01-010
Temporary easement 72 square feet
A temporary easement for highway purposes over the north 10.00 feet of the west 7.19 feet of the east 34.19 feet of Lot 1, Block 1, Southport First Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Parcel 8 Dakota Electric Assoc PID 01-03400-03-011
Highway easement 215 square feet
A permanent easement for highway purposes over the south 28.00 feet of the north 103.00 feet of the east 24.00 feet of the west 74.00 feet of the Northwest Quarter of the Northeast Quarter of Section 34, Township 115 North, Range 20 West, Dakota County, Minnesota together with that part of said Northwest Quarter of the Northeast Quarter described as follows: Beginning at the northeast corner of the previous described easement thence east along the south line of the north 75.00 feet of said Northwest Quarter of the Northeast Quarter a distance of 13.07 feet; thence southwesterly a distance 17.95 feet to a point on the east line of said west 74.00 feet of the Northwest Quarter of the Northeast Quarter, said point being 12.21 feet south of the point of beginning; thence north along said east line a distance of 12.21 to the point of beginning.
Except that part lying within City of Apple Valley right of way easements recorded as Document Numbers 937108 and 1528615.
Parcel 9 USPP Fischer Mkt Place LLC PID 01-26906-01-010
Highway easement 150 square feet
A permanent easement for highway purposes over that part of Lot 1, Block 1, Fischer Market Place 7th Addition, according to the recorded plat thereof, Dakota County, Minnesota described as follows:
Beginning at the southwest corner of said Lot 1; thence north along the west line of said Lot 1 a distance of 15.00 feet; thence southeasterly a distance 24.96 feet to a point on the south line of said Lot 1 said point being 20.00 east of the point of beginning; thence west on said south line a distance of 20.00 feet to the point of beginning.
Temporary easement 100 square feet
A temporary easement for highway purposes over the south 10.00 feet of the east 10.00 feet Lot 1, Block 1, Fischer Market Place 7th Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Parcel 10 USPP Fischer Mkt Place LLC PID 01-26904-01-010
Temporary easement 340 square feet
A temporary easement for highway purposes over the south 10.00 feet of the west 10.00 feet Lot 1, Block 1, Fischer Market Place 5th Addition, according to the recorded plat thereof, Dakota County, Minnesota together with a temporary easement for highway purposes over the south 10.00 feet of the east 24.00 feet of said Lot 1.
Parcel 11 Storage Equities Inc. PID 01-03400-01-032
Highway easement 312 square feet
A permanent easement for highway purposes over the north 16.00 feet of the east 17.00 feet and the north 5.00 of the west 8.00 feet of the east 25.00 feet of the following described property:
The north 500.00 feet of the east 645.00 feet of the Northwest Quarter of the Northeast Quarter, and the west 40.00 feet of the south 425.00 feet of the north 500.00 feet of the Northwest Quarter of the Northeast Quarter in Section 34, Township 115 North, Range 20 West, Dakota County, Minnesota.
Temporary easement 88 square feet
A temporary easement for highway purposes over the south 11.00 feet of the north 16.00 feet of the west 8.00 feet of the east 25.00 feet of the following described property:
The north 500.00 feet of the east 645.00 feet of the Northwest Quarter of the Northeast Quarter, and the west 40.00 feet of the south 425.00 feet of the north 500.00 feet of the Northwest Quarter of the Northeast Quarter in Section 34, Township 115 North, Range 20 West, Dakota County, Minnesota.
Parcel 12 Pinnacle Ridge LLC PID 01-33302-01-010
Temporary easement 230 square feet
A temporary easement for highway purposes over the north 10.00 feet of the east 23.00 feet of Lot 1, Block 1, Hillcrest Acres 3rd Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Parcel 13 Rockport LLC PID 01-03400-05-050
Highway easement 537 square feet
A permanent easement for highway purposes over the south 10.00 feet of the north 75.00 feet of that part of the Northeast Quarter of the Northeast Quarter of Section 34, Township 115 North, Range 20 West, Dakota County, Minnesota, lying easterly of the easterly right of way of Flagstaff Avenue.
Temporary easement 690 square feet
A temporary easement for highway purposes over that part of the south 46.00 feet of the north 121.00 feet of the Northeast Quarter of the Northeast Quarter of Section 34, Township 115 North, Range 20 West, Dakota County, Minnesota, lying westerly of the east 38.71 feet thereof and lying easterly of the easterly right of way of Flagstaff Avenue.
Parcel 14 Valley Way Village - TH Assoc Common Area (NO PID)
Highway easement 100 square feet
A permanent easement for highway purposes over the south 10.00 feet of the east 10.00 feet of Lot 1, Block 1, Valley Way Village, according to the recorded plat thereof, Dakota County, Minnesota.
P15 Valley Pines Townhomes - TH Assoc
Temporary easement 100 square feet
A temporary easement for highway purposes over the south 10.00 feet of the west 10.00 feet of Lot 13, Block 1, Valley Pines, according to the recorded plat thereof, Dakota County, Minnesota.
Parcel 15 CIC NO. 230 - Valley Pines Townhome Association Common Area (NO PID)
Temporary easement 100 square feet
A temporary easement for highway purposes over the south 10.00 feet of the west 10.00 feet of Lot 13, Block 1, Valley Pines, according to the recorded plat thereof, Dakota County, Minnesota.
Parcel 16 Echo Way Townhomes - TH Assoc (NO PID)
Temporary easement 100 square feet
A temporary easement for highway purposes over the south 10.00 feet of the west 10.00 feet of Lot 1, Block 1, Diamond Path Tenth Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Parcel 17 Anna & Boi Tran PID 01-03600-03-011
Temporary easement 660 square feet
A temporary easement for highway purposes over the south 10.00 feet of the north 75.00 feet of the east 66.00 feet of the west 168.82 feet of the Northwest Quarter of the Northeast Quarter of Section 36, Township 115 North, Range 20 West, Dakota County, Minnesota.
Parcel 18 Daniel Walter Welch II PID 01-03600-05-020
Highway easement 280 square feet
A permanent easement for highway purposes over the south 10.00 feet of the north 75.00 feet of the west 28.00 feet of the east 65.50 feet of the Northwest Quarter of the Northeast Quarter of Section 36, Township 115 North, Range 20 West, Dakota County, Minnesota.
Parcel 19 Village of Prairie Crossing - TH Assoc (NO PID)
Highway easement 1163 square feet
A permanent easement for highway purposes over that part of Lot 1, Block 1, Southport Second Addition, according to the recorded plat thereof, Dakota County, Minnesota described as follows: Beginning at the northeast corner of said Lot 1; thence south along the east line of said Lot 1 a distance of 25.00 feet; thence northwesterly to a point on the north line of said Lot 1 said point being 25.00 feet west of said northeast corner; thence east along said north line of Lot 1 a distance of 25.00 feet to the point of beginning together with the north 10.00 feet of the east 105.00 feet of said Lot 1.
Temporary easement 558 square feet
A temporary easement for highway purposes over that part of Lot 1, Block 1, Southport Second Addition, according to the recorded plat thereof, Dakota County, Minnesota described as follows: Beginning at the northeast corner of said Lot 1; thence south along the east line of said Lot 1 a distance of 32.00 feet; thence northwesterly to a point on the north line of said Lot 1 said point being 32.00 feet west of said northeast corner; thence east along said north line a distance of 32.00 feet to the point of beginning together with the north 15.00 feet of the east 105.00 feet of Lot 1 EXCEPTING from said temporary easement any part of said Lot 1 taken for permanent highway easement as part of this same project.
; and
WHEREAS, appraisals have been completed for 15 total parcels by Valbridge Property Advisors, Inc.; and
WHEREAS, the total appraised value for CP 42-172 is $78,115; and
WHEREAS, the cost for right of way acquisition is funded 100 percent by the County for pavement preservation activity per the 2040 Transportation Plan Cost Participation Policy; and
WHEREAS, the 2024 Transportation Capital Improvement Program (CIP) Adopted Budget requires an amendment to proceed with the first right of way offers for CP 42-172; and
WHEREAS, the County Engineer recommends approval of right of way acquisition for CP 42-172; and
WHEREAS, the County Engineer recommends amending the 2024 Transportation CIP budget.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the appraised value prepared by Valbridge Property Advisors for the right of way acquisition for County Project (CP) 42-172 and authorizes County staff, in its discretion, to share the appraisal data with the respective landowners, including all or portions of the completed appraisals as part of the negotiation process; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby approves the acquisition of right of way for CP 42-172 at the approved appraised values and, in accordance with County policy, authorizes payment from the 2024 Transportation Capital Improvement Program Budget; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Attorney’s Office to initiate quick-take condemnation on the properties identified in the event that timely acquisition by direct negotiations of all properties does not appear possible; and
BE IT FURTHER RESOLVED, That the 2024 Transportation Capital Improvement Program Adopted Budget is hereby amended as follow:
Expense
Right of way acquisition, CP 42-172 $78,115
Total Expense $78,115
Revenue
Transportation Right of Way Set-Aside, CP 42-172 $78,115
Total Revenue $78,115
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PREVIOUS BOARD ACTION
24-429; 8/27/24
ATTACHMENTS
Attachment: Location Map
Attachment: Confidential Spreadsheet
BOARD GOALS
☐ A Great Place to Live ☐ A Healthy Environment
☐ A Successful Place for Business and Jobs ☒ Excellence in Public Service
CONTACT
Department Head: Erin Laberee
Author: Saeed Kanwar