DEPARTMENT: Transportation
FILE TYPE: Consent Action
TITLE
title
Approval Of Right Of Way Acquisition And Authorization To Initiate Quick-Take Condemnation For County Project 88-24 On CSAH 88 (292nd Street) In Randolph Township
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PURPOSE/ACTION REQUESTED
Approve acquisition of necessary right of way and authorize the initiation of quick-take condemnation for County Project (CP) 88-24 on County State Aid Highway (CSAH) 88 (292nd Street) between Trunk Highway (TH) 56 and Finch Court in Randolph Township.
SUMMARY
To provide a safe and efficient transportation system, Dakota County is proceeding with CP 88-24. The project consists of preliminary and final engineering designs, public involvement process, surveying, geotechnical analysis, traffic analysis, and environmental analysis services required to reconstruct CSAH 88 in Randolph Township (see Attachment: Project Location).
The purpose of CP 88-24 is to address pavement quality, safety, and operational issues. The existing road has minimal paved shoulders, no turn lanes, and multiple curves with advisory speeds below the posted speed limit. In addition, CSAH 88 currently intersects Highway 56 at a skew near a railroad crossing, which has led to several crashes. County Project 88-24 also explored the feasibility of a trail along existing and reconstructed CSAH 88 to connect the Dakota County Parks on both ends of the project, utilizing the right of way needed for the road reconstruction. This project, when complete, will be consistent with county state aid standards for this type of highway.
The adopted alignment intersects existing Union Pacific Rail on the West half of the project between Finch Court and TH 56. The project has been split into two phases to allow time to work with Union Pacific Rail for the railroad crossing approval needed in phase two. The first phase between the East Dakota County Line and Finch Court is scheduled to begin in the summer of 2023, which is CP 88-20. The right of way needed for phase two, CP 88-24, which is between Finch Court and TH 56, is reflected in the attached confidential memorandum.
Acquisition of right of way from 17 private parcels (Attachment: Acquisition Map) is recommended to advance with CP 88-24. Staff is proposing acquisition of the necessary permanent highway easements from these identified parcels. Appraisal reports have been completed by Nicollet Partners for the parcels for a total appraised value of $2,528,800. Data about the appraisals have been provided to the County Board in a confidential spreadsheet because the appraisal is currently confidential, non-public data pursuant to Minn. Stat § 13.44, subd. 3.
In the event that 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 a 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 the right of way acquisition and authorization for potential condemnation for the right of way necessary for CP 88-24.
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EXPLANATION OF FISCAL/FTE IMPACTS
The funding for this acquisition was included as part of the original project budget for CP 88-20 but has since been split into two phases. Transportation staff will be returning to the Board at a future date with a budget amendment request for the estimated right of way costs.
☐ None ☒ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, Dakota County and Randolph Township are partnering on County Project 88-24 (the “Project”); and
WHEREAS, the Project includes the segment of County State Aid Highway (CSAH) 88 from Trunk Highway (TH) 52 to TH 56; and
WHEREAS, the purpose and need for the Project is to improve safety, operations, and capacity along the Project corridor; and
WHEREAS, to address the purpose and need for the Project, the County is proposing to reconstruct CSAH 88 to address pavement quality, safety, and operational issues by improving drainage, modifying access, improving sight angles, and adding turn lanes; and
WHEREAS, the County is the lead agency for the Project; and
WHEREAS, the County utilized public engagement for this project, including a public open house on October 8, 2020, at Lake Byllesby Park and December 16, 2021, at United Methodist Church and presentations at the Randolph Township Meetings on September 15, 2020, May 24, 2022, and June 14, 2022; and
WHEREAS, right of way acquisition is needed to allow for construction to begin in 2023 as scheduled; and
WHEREAS, CP 88-24 design has determined preliminary right of way needs, including permanent highway easement and temporary easement from the following parcels:
Parcel 1; Jerold and Karen Otte; Highway Easement 4,915 SF;
Parcels 2, 3, 4, 22 and 23; Nora Felton; Highway Easement 1,126,827 SF; Temporary Easement 197,528 SF; Drainage Easement 6,056 SF;
Parcels 5 and 6; Felton Family Farms; Highway Easement 18,612; Temporary Easement 10,006; Drainage Easement 557 SF;
Parcels 7 and 10; T&M Properties; Highway Easement 210,774; Temporary Easement 13,388 SF;
Parcel 11; Dinesen Family; Temporary Easement 525 SF;
Parcel 13; Grant and Tiffany Sjoquist; Temporary Easement 303 SF;
Parcel 17; Karl and Cynthia Molenaar; Temporary Easement 408 SF; Drainage Easement 2,599 SF;
Parcel 18; Kevin and Suzanne Hinton; Drainage Easement 876 SF;
Parcel 19; Gene and Gayle Parent; Highway Easement 300 SF;
Parcel 21; Roberta Archambault; Highway Easement 291 SF; Temporary Easement 3,330 SF;
Parcel 24; Joshua Dockter; Highway Easement 6,568 SF; Temporary Easement 3,199 SF; and
WHEREAS, appraisals have been completed by Nicollet Partners; and
WHEREAS, the 2022 Transportation Capital Improvement Program budget for the Project includes sufficient funds for right of way acquisition: and
WHEREAS, seventeen parcels have been appraised, and the values have been presented to the County Board in a confidential spreadsheet.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the appraised value prepared by Nicollet Partners for the acquisition of the two parcels as described below for Dakota County Project 88-24 and authorizes County staff, in its discretion, to share the appraisal data with the respective landowner, 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 acquisition of the seventeen parcels for County Project 88-24, at the approved appraised value, and authorizes payment from the 2022 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.
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PREVIOUS BOARD ACTION
18-423: 8/14/18
19-887; 12/17/19
20-629; 12/15/20
ATTACHMENTS
Attachment: Project Location
Attachment: Confidential Spreadsheet (Board Only)
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: Matthew Parent