DEPARTMENT: Transportation
FILE TYPE: Consent Action
TITLE
title
Approval Of Right Of Way Acquisition And Authorization To Initiate Quick Take Condemnation For County Project 91-29 In Marshan Township, County Road 91 Reconstruction
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PURPOSE/ACTION REQUESTED
Approve acquisition of necessary right of way and authorize quick-take condemnation for County Project (CP) 91-29 in Marshan Township.
SUMMARY
To provide a safe and efficient transportation system, Dakota County is proceeding with CP 91-29, which includes the reconstruction of County State Aid Highway (CSAH) 91 (Nicolai Avenue) from 210th Street to Trunk Highway 316 (Red Wing Boulevard) in Marshan Township (see Attachment: Location Map). Dakota County is the lead agency, with construction planned for the summer of 2023.
A total of 21 parcels have been identified from which right of way acquisition will be necessary for CP 91-29 (see Attachment: Parcel Map); 21 parcels have been appraised. Of the 21 parcels, seven were combined for appraisal purposes, and 15 acquisition appraisal reports were completed. Fifteen acquisition appraisals have been prepared by Nicollet Partners, Inc., for a total appraised value of $544,200. Data for the 15 appraisals has been provided to the County Board in a confidential spreadsheet, as the appraisals are currently confidential, non-public data pursuant to Minn. Stat. § Sec. 13.44, subd. 3.
In the event that 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. Efforts will be made to negotiate an agreeable settlement before and after the start of the condemnation process.
RECOMMENDATION
recommendation
Staff recommends approval of the right of way acquisition for 21 parcels for CP 91-29.
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EXPLANATION OF FISCAL/FTE IMPACTS
The 2022-2026 Transportation Capital Improvement Program includes $1,500,000 for right of way acquisition and $4,500,000 for construction in 2023. Sufficient funds are available for the appraised right of way (see Attachment: Financial Summary).
☐ 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) 91-29; and
WHEREAS, CP 91-29 will reconstruct County State Aid Highway (CSAH) 91 (Nicolai Avenue) from 210th Street to Trunk Highway 316 (Red Wing Boulevard) in Marshan Township, improve drainage, and replace culverts; and
WHEREAS, to address the purpose and need for this Project, safety will be improved along the corridor by improving the roadway surface, adding turn lanes, and improving drainage; and
WHEREAS, Dakota County is the lead agency for CP 91-29; and
WHEREAS, right of way acquisition is needed to allow for construction to begin in 2023 as scheduled; and
WHEREAS, the partial acquisition of the following 21 parcels as identified on Dakota County Right of Way Map 492 is necessary to move forward with the Project:
Parcel 1; RUSSELL E. ANDERSON AS TRUSTEE AND ELIZABETH L. ANDERSON, AS TRUSTEE OR THE SUCCESSOR(S) IN TRUST, UNDER THE ANDERSON REVOCABLE TRUST AGREEMENT DATED 7-25-2003; Highway Easement 0 SF; Temporary Easement 2,000 SF;
Parcel 2; RUSSELL E. ANDERSON AS TRUSTEE AND ELIZABETH L. ANDERSON, AS TRUSTEE OR THE SUCCESSOR(S) IN TRUST, UNDER THE ANDERSON REVOCABLE TRUST AGREEMENT DATED 7-25-2003; Highway Easement 37,842 SF; Temporary Easement 749 SF;
Parcel 3; SCHULTZ FAMILY FARM LLC.; Highway Easement 74,365 SF; Temporary Easement 3,683 SF;
Parcel 4; PATRICK K. MAHER & DIANE M. MAHER; Highway Easement 87,838 SF;
Temporary Easement 6,773 SF;
Parcel 5; PATRICK K. MAHER & DIANE M. MAHER; Highway Easement 10,045 SF;
Temporary Easement 996 SF;
Parcel 6; ALLEN J. GALE & PATRICIA A. GALE AS TRUSTEES OF THE TRUST AGREEMENT OF ALLEN AND PATRICIA GALE; Highway Easement 12,946 SF; Temporary Easement 1,798 SF;
Parcel 7; BAILEY NURSERIES, INC., A MINNESOTA CORPORATION; Highway Easement
25,667 SF; Temporary Easement 7,467 SF;
Parcel 8; BAILEY NURSERIES, INC., A MINNESOTA CORPORATION; Highway Easement
27,629 SF; Temporary Easement 0 SF;
Parcel 9; BAILEY NURSERIES, INC., A MINNESOTA CORPORATION; Highway Easement
22,464 SF; Temporary Easement 0 SF;
Parcel 10; BAILEY NURSERIES, INC., A MINNESOTA CORPORATION; Highway Easement
10,775 SF; Temporary Easement 0 SF;
Parcel 14; JEFFREY M. REINARDY & WENDY S. REINARDY; Highway Easement 10,778 SF; Temporary Easement 0 SF;
Parcel 15; EARLE R. ALMQUIST; Highway Easement 22,462 SF; Temporary Easement 0
SF;
Parcel 16; EARLE R. ALMQUIST; Highway Easement 33,960 SF; Temporary Easement 0
SF;
Parcel 17; JOHN D. MAHER & BARBARA A. MAHER; Highway Easement 16,323 SF;
Temporary Easement 0 SF;
Parcel 19; PATRICK K. MAHER & DIANE M. MAHER; Highway Easement 48,608 SF;
Temporary Easement 2,424 SF;
Parcel 20; STEPHEN P. FOX & ANNA J. FOX; Highway Easement 2,800 SF; Temporary
Easement 0 SF;
Parcel 21; ROGER A. FOX & PATRICIA A. FOX; Highway Easement 31,350 SF; Temporary
Easement 0 SF;
Parcel 22; HARRY R. SNYDER & MARJORY J. SYNDER; Highway Easement 6,693 SF;
Temporary Easement 0 SF;
Parcel 23; JAMES G. CANEFF & ROBERT M. CANEFF; Highway Easement 85,457 SF;
Temporary Easement 554 SF;
Parcel 24; JAMES G. CANEFF & M. ELEANOR CANEFF UNDIVIDED ONE-HALF INTEREST
ROBERT M. CANEFF & JO ANN CANEFF UNDIVIDED ONE-HALF INTEREST; Highway
Easement 9,000 SF; Temporary Easement 0 SF;
Parcel 25; CANEFF BROTHERS, A PARTNERSHIP; Highway Easement 600 SF; Temporary
Easement 3,550 SF
; and
WHEREAS, 15 appraisals have been completed by Nicollet Partners, Inc., for a total appraised value of $544,200; and
WHEREAS, the 2022-2026 Dakota County Transportation Capital Improvement Program budget for the Project includes sufficient funds for right of way acquisition; and
WHEREAS, in the event that 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 start date.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the appraised value for the acquisition of the identified property interest from the 21 parcels for County Project 91-29; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby approves the acquisition of the properties associated with the 21 parcels for County Project 91-29 at the approved appraised value and authorizes payment from the 2022-2026 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
None.
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: Jenna Fabish