DEPARTMENT: Transportation
FILE TYPE: Consent Action
TITLE
title
Approval Of Right Of Way Acquisition And Authorization To Amend 2025 Transportation Capital Improvement Program Budget For County State Aid Highway 73 Retaining Wall Replacement In City Of West St. Paul, County Project 73-041
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PURPOSE/ACTION REQUESTED
Approve acquisition of right of way necessary for County Project (CP) 73-041 in West St. Paul. Authorize a budget amendment to the 2025 Transportation Capital Improvement Program Adopted Budget to add sufficient funding for right of way acquisition and construction of CP 73-041.
SUMMARY
To promote a safe and efficient transportation system, Dakota County is proceeding with CP 73-041 to design and construct new retaining walls along County State Aid Highway 73 (Attachment: Project Location Map). County Project 73-041 includes the removal of three existing timber retaining walls that are currently in disrepair and replacing them with new modular block retaining walls or a flatter grade with no replacement retaining wall. In addition to the wall construction, extensions and improvements will be made to existing drainage infrastructure to accommodate the proposed grading.
The existing timber retaining walls are along the east edge of the Southview Country Club and Golf Course property. During public engagement with the superintendent of the golf course, it was identified that the wall replacement project was an opportunity for the golf course to beautify their property while the County acquired the full desired roadway easement as identified on the Dakota County Plat Needs Map. This also provides the County the opportunity to construct the new retaining walls at an offset from the roadway sufficient to construct a trail in the future. The future trail is identified in the 2040 Transportation Plan under County Highway Trail Gap Implementation.
Minimum damage acquisition reports have been completed by a Dakota County right of way specialist, a qualified professional with appraisal knowledge, pursuant to Minn. Stat. § Sec. 117.036. It was determined the proper compensation amount to be $73,500. The Southview Country Club board of directors voted to accept the compensation discussed in exchange for the easement on the club property on the condition the compensation is approved by the Dakota County Board of Commissioners.
In order to proceed with right of way acquisition and construction, the 2025 Transportation Capital Improvement Program must be amended to create project budget for CP 73-041 in 2025. Sufficient funds exist within the Right of Way Preservation Management set aside to establish a land acquisition budget of $73,500 for CP 73-041. Sufficient funds exist within the Retaining Wall Maintenance set aside to establish a new construction budget of $330,000 for CP 73-041.
Staff does not recommend the use of quick-take condemnation for the acquisition of the parcel. The Country Club is a willing participant in the exchange of property. The full width of the proposed roadway easement is not necessary to construct a suitable replacement for the existing timber retaining walls. The acquisition of the permanent easement is an additional benefit to the County to construct the walls at a distance from the roadway, which fully accommodates the County’s long-term goals.
RECOMMENDATION
recommendation
Staff recommends approval of right of way acquisition for the right of way necessary for CP 73-041 and amending the 2025 Transportation Capital Improvement Adopted Budget.
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EXPLANATION OF FISCAL/FTE IMPACTS
The 2025 Transportation Capital Improvement Program Adopted Budget does not include funding for right of way acquisition for CP 73-041. A budget amendment of $73,500 is required for the right of way acquisition for CP 73-041. Sufficient funds exist in the 2025 Transportation Right of Way Preservation and Management set aside for the budget amendment. A budget amendment of $330,000 is required for construction of CP 73-041. Sufficient funds exist in the 2025 Transportation Retaining Wall Maintenance set aside for the budget amendment.
☐ 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 proposing to improve County State Aid Highway 73, County Project (CP) 73-041; and
WHEREAS, CP 73-041 will improve safety by replacing the timber retaining walls along the Southview Country Club property in the city of West Saint Paul; and
WHEREAS, Dakota County is the lead agency for CP 73-041, with right of way acquisition necessary in 2025 for construction to begin in the summer of 2025; and
WHEREAS, the acquisition from one private property parcel identified in the legal description by the County is necessary to move forward with CP 73-041:
PARCEL 1; SOUTHVIEW COUNTRY CLUB; PID 42-02900-25-019
A permanent easement over, under, and across the east 60.00 feet of the Southwest Quarter of the Northeast Quarter of Section 29, Township 28 North, Range 22 West, Dakota County, Minnesota, excluding therefrom Parcel 1 as shown on Dakota County Road Right of Way Map No. 243, according to the recorded map thereof, also excepting therefrom Parcel 4 as shown on Dakota County Road Right of Way Map No. 242, according to the recorded map thereof.
Said permanent easement containing approximately 32,481 square feet.
A temporary easement over, under, and across the Southwest Quarter of the Northeast Quarter of Section 29, Township 28 North, Range 22 West, Dakota County, Minnesota, lying westerly of the east 60.00 feet thereof, northerly of Parcel 4 as shown on Dakota County Road Right of Way Map No. 242, according to the recorded map thereof, and easterly of the following described line:
Commencing at the northeast corner of said Southwest Quarter of the Northeast Quarter of Section 29, thence North 89 degrees 50 minutes 36 seconds West, assumed bearing along the north line of said Southwest Quarter of the Northeast Quarter a distance of 85.00 feet to the point of beginning of the line to be described; thence South 00 degrees 13 minutes 34 seconds East a distance of 1067.81 feet; thence North 89 degrees 46 minutes 26 seconds East a distance of 15.00 feet; thence South 00 degrees 13 minutes 34 seconds East a distance of 214.56 feet to the north line of said Parcel 4, and said line there terminating.
Said temporary easement containing approximately 28,839 square feet.
; and
WHEREAS, a minimum damage acquisition report has been completed for a total appraised value of $73,500; and
WHEREAS, the 2025 Transportation Capital Improvement Program Budget does not include sufficient funds for CP 73-041 right of way acquisition and construction; and
WHEREAS, staff recommends amending the 2025 Transportation Capital Improvement Program budget.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the minimum damage acquisition values prepared by the Dakota County right of way specialist for the acquisition of the right of way for County Project (CP) 73-041; and
BE IT FURTHER RESOLVED, That the 2025 Transportation Capital Improvement Program Budget is hereby amended as follows:
Expense
County Project 73-041 Right of Way Acquisition $73,500
Right of Way Preservation and Management (set aside) ($73,500)
County project 73-041 Construction $330,000
Retaining Wall Maintenance (set aside) ($330,000)
Total Expense $0
Revenue
CP 73-041 - County Funds $73,500
ROW Preservation and Management (set aside) -County Funds ($73,500)
County Project 73-041 Construction $330,000
Retaining Wall Maintenance (set aside) - CSAH ($230,000)
Retaining Wall Maintenance (set aside) - County Funds ($100,000)
Total Revenue $0
; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby approves the acquisition of right of way for CP 73-041 at the approved appraised values and, in accordance with County policy, authorizes payment from the 2025 Transportation Capital Improvement Program Budget.
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PREVIOUS BOARD ACTION
None.
ATTACHMENTS
Attachment: Project Location Map
Attachment: Acquisition Map
BOARD GOALS
☐ Thriving People ☐ A Healthy Environment with Quality Natural Resources
☒ A Successful Place for Business and Jobs ☐ Excellence in Public Service
CONTACT
Department Head: Erin Laberee
Author: Kevin Krech