DEPARTMENT: Transportation
FILE TYPE: Consent Action
TITLE
title
Approval Of Right Of Way Acquisition And Authorization To Initiate Quick-Take Condemnation For Intersection Of County State Aid Highway 31 And Corporate Center Drive, In City Of Eagan, County Project 31-103
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PURPOSE/ACTION REQUESTED
Approve acquisition and authorization to initiate quick-take condemnation of right of way necessary to extend the temporary easement expiration date for County Project (CP) 31-103 in Eagan (Attachment: Location Map).
SUMMARY
To provide a safe and efficient transportation system, Dakota County is proceeding with CP 31-103. County Project 31-103 is the improvements at the intersection of County State Aid Highway (CSAH) 31 (Pilot Knob Road) with Corporate Center Drive. The construction of CP 31-103 will begin in the spring of 2024 and is anticipated to be complete in the Fall of 2024.
Dakota County Board of Commissioners authorized first offers for CP 31-103 by Resolution No. 21-544 (November 16, 2021) that included a temporary easement expiration date of September 30, 2024. At that time, construction was scheduled to begin in the spring of 2023, but due to delays caused by project staffing changes and extended lead time for ordering steel, construction will not commence until the spring of 2024.
To allow for construction to be completed, staff assessed the temporary easements and determined that two parcels (Attachment: Parcel Sketches) required an extension of the current expiration date of September 30, 2024. Both parcels are being recommended for 14-month extensions to December 1, 2025. Construction is expected to be complete by late fall of 2024. 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. Appraisal data has been provided to the County Board in a separate confidential spreadsheet, as the appraisals are 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, 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 as necessary for CP 31-103.
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EXPLANATION OF FISCAL/FTE IMPACTS
The amended 2024 Transportation Capital Improvement Program Budget includes a total project budget of $1,075,000 (Attachment: Financial Summary). Sufficient funds are available for the recommended right of way acquisition.
☐ 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 the County Project (CP) 31-103; and
WHEREAS, CP 31-103 is the signal replacement and intersection improvements of County State Aid Highway (CSAH) 31 (Pilot Knob Road) and Corporate Center Drive, in Eagan; and
WHEREAS, construction of CP 31-103 will begin in the spring of 2024 and is anticipated to be completed in the fall of 2024; and
WHEREAS, Dakota County Board of Commissioners authorized first offers for CP 31-103 by Resolution No. 21-544 (November 16, 2021) for all parcels necessary for construction that included a temporary easement expiration date of September 30, 2024, with construction anticipated to start in spring of 2023; and
WHEREAS, due to delays caused by project staffing changes and extended lead time for ordering steel, construction experienced a delay and will not begin until spring of 2024; and
WHEREAS, the acquisition from two parcels by the County as identified in the Parcel Sketches attachment is necessary to extend the temporary easement expiration dates to allow for construction to be completed for CP 31-103:
Parcel Owner Temporary Easement (SF)
11400 CURVE, LLC 6,044
2 TCBH, INC 2,628
; and
WHEREAS, minimum damage acquisition reports have been completed, and offers are being prepared for a total appraised value of $14,000; and
WHEREAS, sufficient funds for CP 31-103 right of way acquisition exist; 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 construction to be completed.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the minimum damage acquisition values prepared by Dakota County right of way specialists for the acquisition of the right of way for County Project 31-103 and authorizes County staff, in its discretion, to share minimum damage acquisition data with the respective landowners 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 31-103 at the approved minimum damage acquisition 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 of the remaining parcels to allow construction to be completed in the event that timely acquisitions by direct negotiations of all parcels do not appear possible.
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PREVIOUS BOARD ACTION
21-544; 11/16/21
ATTACHMENTS
Attachment: Project Location Map
Attachment: Parcel Sketches
Attachment: Financial Summary
Attachment: Confidential Spreadsheet (given to Board only)
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: Kevin Krech