DEPARTMENT: Transportation
FILE TYPE: Consent Action
TITLE
title
Approval Of Right Of Way Acquisition And Authorization To Initiate Quick Take Condemnation For County Road 88 Reconstruction In Randolph Township And City Of Randolph, County Project 88-23
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PURPOSE/ACTION REQUESTED
Approve Acquisition of necessary right of way and authorize quick-take condemnation for County Project (CP) 88-23 in Randolph Township and City of Randolph.
SUMMARY
To provide a safe and efficient transportation system, Dakota County is proceeding with CP 88-23, which includes the reconstruction of County State Aid Highway (CSAH) 88 from approximately 800’ west of County Road 94 (Cooper Avenue) to Trunk Highway 56 and portions of County Road 83 in the City of Randolph (see Attachment: Location Map). The project will include the addition of turn lanes at key locations, drainage improvements with curb and gutter, and pedestrian enhancements by including a sidewalk along the entire corridor. Designated pedestrian crossings are also being planned at certain locations.
The project is planned to be constructed in 2023 in conjunction with the City of Randolph sanitary sewer system project. The County and City are partnering to construct the City’s sanitary sewer project and CP 88-23 under a single construction contract. The sanitary sewer project requires work to occur on CSAH 88 and presents an opportunity to reduce costs and impacts to the community by combining the projects under one construction contract.
Dakota County is the lead agency for right of way acquisition for CP 88-23, and the City is responsible for the final design. A total of 59 parcels have been identified from which right of way acquisition will be necessary for CP 88-23 (see Attachment: Parcel Map). Appraisals have been completed by Patchin Messner Valuation Counselors for the fifty-nine parcels with a total appraised value of $389,275. Appraisal data has been provided to the County Board in a separate confidential spreadsheet, as the appraisals are confidential, non-public data pursuant to Min. Stat. SS Sec. 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.
RECOMMENDATION
recommendation
Staff recommends approval of right of way acquisition and authorization for potential condemnation for the right of way necessary for CP 88-23.
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EXPLANATION OF FISCAL/FTE IMPACTS
The adopted 2023 Transportation Capital Improvement Program (CIP) Budget includes $9,331,300, including $1,371,300 previously dedicated for right of way acquisition in 2022 (see Attachment: Financial Summary). Sufficient funds are available for the recommended right of way acquisition, totaling $389,275. The acquisition costs are 100 percent County in accordance with the County cost share policy.
☐ None ☒ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, to provide a safe and efficient transportation system, Dakota County is proceeding with County Project (CP) 88-23; and
WHEREAS, CP 88-23 will reconstruct County State Aid Highway (CSAH) 88 from approximately 800-feet west of County Road 94 (Cooper Avenue) to Trunk Highway 56 and portions of County Road 83 in Randolph Township and the City of Randolph; and
WHEREAS, to address the purpose and need for this project, safety will be improved along the corridor by improving the roadway surface, improving drainage, adding a center left turn lane and pedestrian crossing improvements while coordinating with a city-wide sanitary sewer project; and
WHEREAS, the City of Randolph is the lead agency for the design of CP 88-23 to easily coordinate the sanitary sewer project along with Dakota County roadway Improvements, and Dakota County is the lead agency for right of way acquisition for CP 88-23; and
WHEREAS, right of way acquisition is necessary to allow for construction to begin in 2023 as scheduled; and
WHEREAS, the partial acquisition of the following 59 parcels as identified on Dakota County Right of Way Map No. 500 by the County is necessary to move forward with the project:
Parcel 1; TODD HARO AND MARY HARO; Temporary Easement 1,410 SF
Parcel 2; JACOB M. FREDRICH; Temporary Easement 1,410SF
Parcel 12; CITY OF RANDOLPH; Highway Easement 1,117 SF;
Parcel 13; DAVID R. NEUMAN AND LUANN T. NEUMAN; Temporary Easement 667 SF;
Parcel 14; INDEPENDENT SCHOOL DISTRICT NO. 195; Temporary Easement 6,414 SF
Parcel 15; DOUGLAS A. & NORA L. FELTON; Highway Easement 499 SF; Temporary Easement 1,022 SF
Parcel 16; JASON Q. PODRITZ AND HILLARY M PODRITZ; Highway Easement 276 SF; Temporary Easement 722 SF
Parcel 17; RICHARD C. PODRITZ; Temporary Easement 416 SF
Parcel 19; ERIC AND MICHELLE BROCKMAN; Highway Easement 1,255 SF; Temporary Easement 126 SF
Parcel 20; DENNIS NORSTAD; Highway Easement 250 SF; Temporary Easement 238 SF
Parcel 21; KAILA S. & RYAN A. OZMUN; Highway Easement 250 SF; Temporary Easement 329 SF
Parcel 22; TODD A. HARO AND MARY A. HARO; Highway Easement 569 SF; Temporary Easement 950 SF
Parcel 23; CITY OF RANDOLPH; Highway Easement 243 SF; Temporary Easement 243 SF
Parcel 24; CITY OF RANDOLPH; Highway Easement 387 SF; Temporary Easement 396 SF
Parcel 25; CITY OF RANDOLPH; Temporary Easement 4,215 SF
Parcel 26; RANDALL M. LINNELL AND AMY B. LINNELL; Drainage & Utility 418 SF;
Parcel 28; DUANE GREENSLADE; Temporary Easement 1,666 SF
Parcel 29; CHAINS, INC.; Highway Easement 2,011 SF; Temporary Easement 1,306 SF
Parcel 30; VERONE C. MORTENSON, GARY D. ANDERSON, LARRY D. ANDERSON, DURENE R. HARO MIES; Temporary Easement 585 SF
Parcel 31; GARY D. ANDERSON; Temporary Easement 1,400 SF
Parcel 32; PETER T. AND JOYCE M. SCHAFFER; Temporary Easement 516 SF
Parcel 33; LARRY ANDERSON; Temporary Easement 497 SF
Parcel 34; TODD D. ROLF; Temporary Easement 739 SF
Parcel 35; BRYAN A. AND CHERYL A. DAHLEN; Temporary Easement 559 SF
Parcel 36; DONALD C. AND CANDACE NORSTAD; Temporary Easement 1,092 SF
Parcel 37; KIMBERLY ANN BETTIN AND STEVEN L. LINDENFELSER; Temporary Easement 700 SF
Parcel 38; JEROLD A. OTTE AND KAREN M. OTTE, TRUSTEES UNDER THE JEROLD A. & KAREN M. OTTE LIVING TRUST DATES MARCH 13, 1996; Temporary Easement 31 SF
Parcel 39; RICHARD R. AND LAUREL J. RUPE; Highway Easement 1,540 SF; Temporary Easement 948 SF
Parcel 40; CHARLES C. AND TERESA L. NIEBUR; Temporary Easement 493 SF
Parcel 41; JEROLD A. OTTE AND KAREN M. OTTE, TRUSTEES UNDER THE JEROLD A. & KAREN M. OTTE LIVING TRUST DATED MARCH 13, 1996; Highway Easement 10 SF; Temporary Easement 54 SF
Parcel 42; CAROLYN J. HORSCH AS TRUSTEE OF THE TRUST AGREEMENT OF CAROLYN J. HORSCH UNDER AGREEMENT DATED MARCH 15, 2004; Highway Easement 323 SF; Temporary Easement 1,724 SF
Parcel 43; CASTLE ROCK BANK; Highway Easement 104 SF; Temporary Easement 765 SF
Parcel 45; CITY OF RANDOLPH; Temporary Easement 1,915 SF
Parcel 46; DANIEL M. AND KORRINE L. MAHER; Temporary Easement 1,608 SF
Parcel 47; DOUGLAS A. REICH, WAYNE A. REICH, JERRY D. REICH R, AND BRIAN E, REICH, SUBJECT TO A LIFE ESTATE FOR JERRY D. AND DOLORES A. REICH; Temporary Easement 1,511 SF
Parcel 48; CINDY AND RONALD WOODBECK; Temporary Easement 3,626 SF; Drainage & Utility Easement 425 SF
Parcel 49; LISA M. VOEGELE AND JESSIE A. ROIGER; Temporary Easement 1,525 SF
Parcel 50; CORLISS E. MORTENSON AND VERONE C. MORTENSON, TRUSTEES OF THE TRUST AGREEMENT OF CORLISS AND VERONE MORTENSON; Temporary Easement 1,394 SF
Parcel 51; RANDOLPH AREA HISTORICAL SOCIETY; Highway Easement 677 SF; Temporary Easement 976 SF
Parcel 52; ASHLEY B. GERGEN AND NATHANIEL A. ICAZA AND JAMES OTTO AND SARA OTTO AND UNKNOWN HEIRS OF HAROLD A. REINKE; Highway Easement 349 SF; Temporary Easement 252 SF
Parcel 53; MISSOURI & MINNESOTA POSTAL HOLDING LLC; Highway Easement 300 SF; Temporary Easement 180 SF
Parcel 54; VAL RAE KOLSTAD; Highway Easement 300 SF; Temporary Easement 180 SF
Parcel 55; PETER T. SCHAFFER AND JOYCE M. SCHAFFER; Temporary Easement 875 SF
Parcel 56; BENJAMIN BRADY; Temporary Easement 1,080 SF
Parcel 57; ROBERT F. KLAHR AND SHAWN D. KLAHR; Temporary Easement 270 SF
Parcel 59; INDEPENDENT SCHOOL DISTRICT NO. 195; Temporary Easement 216 SF
Parcel 59; ROBERT AND SHAWN D. KLAHR; Temporary Easement 532 SF
Parcel 60; PAUL C. AND SHEILA A. EKSTROM; Temporary Easement 701 SF
Parcel 61; TRENT PODRITZ AND SARAH PODRITZ; Temporary Easement 1,203 SF;
Parcel 62; DOUGLAS A. DUSCHER; Temporary Easement 1,372 SF;
Parcel 63; CITY OF RANDOLPH; Drainage & Utility Easement 15,236 SF
Parcel 64; ANTHONY C. GILLETTE AND AMANDA GILLETTE; Temporary Easement 940 SF
Parcel 65; INDEPENDENT SCHOOL DISTRICT NO. 195; Temporary Easement 459 SF; Drainage & Utility Easement 11,255 SF
Parcel 66; INDEPENDENT SCHOOL DISTRICT NO. 195; Temporary Easement 2,241 SF
Parcel 67; JACOB TOLEDO AND KATELYN CRIPPS AKA KATELYN MORRISON CRIPPS; Drainage & Utility Easement 706 SF
Parcel 68; JOHN DOYLE AND JENNIFER DOYLE; Highway Easement 766 SF; Temporary Easement 328 SF
Parcel 71; ALEX AND SARAH J. FAIRBANKS; Highway Easement 1,564 SF; Temporary Easement 504 SF
Parcel 72; DANIEL J. LEE; Highway Easement 34,160 SF; Temporary Easement 2,261 SF;
Parcel 73; RANDAL J. FERGUSON, TRUSTEE OF THE JUDITH H. FERGUSON TRUST; Drainage and Utility Easement 17,757 SF; and
WHEREAS, the parcels have been appraised, and offers are being prepared for a total appraised value of $389,275; and
WHEREAS, the 2023 Transportation Capital Improvement Program Budget includes sufficient funds for CP 88-23 right of way acquisition; and
WHEREAS, if timely acquisition by direct negotiation of all required parcels does not appear possible, it is necessary for the County Board to authorize the County Attorney’s Office to initiate quick-take condemnation of the remaining parcels to allow for a spring 2023 construction.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the appraised values prepared by Patchin Messner Valuation Counselors for the parcel acquisition of the 59 parcels identified for County Project 88-23 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 County Project 88-23 at the approved appraised values and in accordance with County policy, authorizes payment from the 2023 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 if the timely acquisition by direct negotiation of all properties does not appear possible.
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PREVIOUS BOARD ACTION
22-267; 06/21/22
ATTACHMENTS
Attachment: Location Map
Attachment: Parcel Map
Attachment: Financial Summary
BOARD GOALS
☒ A Great Place to Live ☐ A Healthy Environment
☐ A Successful Place for Business and Jobs ☐ Excellence in Public Service
PUBLIC ENGAGEMENT LEVEL
☒ Inform and Listen ☐ Discuss ☐ Involve ☐ N/A
CONTACT
Department Head: Erin Laberee
Author: Joe Connelly