DEPARTMENT: Transportation
FILE TYPE: Consent Action
TITLE
title
Ratification Of Revisions To Certain Legal Descriptions Of Right Of Way Acquisitions For County State Aid Highway 42 Federal Mill And Overlay In City Of Apple Valley, County Project 42-172
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PURPOSE/ACTION REQUESTED
Ratify revisions to legal descriptions of two parcels for right of way acquisition for the County State Aid Highway (CSAH) 42 federal mill and overlay in Apple Valley, County Project (CP) 42-172 (Attachment: Project Location Map).
SUMMARY
To provide a safe and efficient transportation system Dakota County is proceeding with CP 42-172, the CSAH 42 federal mill and overlay, and Americans with Disabilities Act (ADA) improvements in the city of Apple Valley (Attachment: Location Map). Construction of CP 42-172 is scheduled for 2025.
Dakota County is the lead agency for CP 42-172 design and right of way acquisition. A total of 15 parcels were identified from which right of way will be acquired by the County. Fifteen acquisition appraisals (15 parcels) were presented to and approved by the County Board by Resolution No. 24-550 (November 12, 2024). The County Board also authorized the initiation of quick-take condemnation of any parcels that could not be timely acquired by Resolution No. 24-550 (November 12, 2024).
The legal descriptions for two parcels (Parcel 14 and Parcel 19) referenced in the authorization (Resolution No. 24-550) contained errors, preventing the recording of the necessary acquisition documents with the County recorder’s office. Transportation staff worked with the County recorder’s office to correct the legal descriptions for recording purposes, but the previous board authorization (Resolution No. 24-550) must be amended to reflect the updated legal descriptions for Parcel 14 (owned by Valley Way Homeowners Association, Inc.) and Parcel 19 (owned by Prairie Crossing Villas Homeowners Association).
RECOMMENDATION
recommendation
Staff recommends the ratification of revisions to the legal descriptions of Parcel 14 (Valley Way Homeowners Association, Inc.) and Parcel 19 (Prairie Crossing Villas Homeowners Association) to move forward with CP 42-172 for construction to begin in the summer of 2025 as scheduled.
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EXPLANATION OF FISCAL/FTE IMPACTS
The 2025 Transportation Capital Improvement Program Adopted Budget for CP 42-172 includes a total of $300,000 for consultant services and land acquisition. No additional funds are required for the action proposed by this request.
☐ None ☒ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, Dakota County is proceeding with County Project (CP) 42-172, the County State Aid Highway (CSAH) 42 federal mill and overlay and Americans with Disabilities Act improvements in the city of Apple Valley; and
WHEREAS, Dakota County is the lead agency for design, right of way, and construction for CP 42-172; and
WHEREAS, construction is scheduled to occur in 2025; and
WHEREAS, right of way acquisition is necessary to allow for construction to begin as scheduled; and
WHEREAS, the County Board previously approved the acquisition of right-of-way from 15 parcels by Resolution No. 24-550 (November 12, 2024); and
WHEREAS, the correction of the legal descriptions of Parcel 14 and Parcel 19 is necessary for the acquisitions and recording with the County recorder’s office.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the acquisition of right of way for County Project 42-172 based on the amended legal descriptions for Parcel 14 and Parcel 19 as set forth below:
Parcel 14
Condominium No. 78
Valley Way Homeowners Association, Inc.
Highway easement 100 sf
A permanent easement for highway purposes over the south 10.00 feet of the east 10.00 feet of the area designated as Common Element in Condominium Number 78, Valley Way Village Condominium, according to the recorded condominium plat thereof, Dakota County, Minnesota.
Parcel 19
CIC NO. 241
Prairie Crossing Villas Homeowners Association
Highway easement 700 sf
A permanent easement for highway purposes over the north 10.00 feet of the west 70.00 feet of the common area designated in CIC No. 241 Prairie Crossing Villas Eighth Supplemental CIC Plat, according to the recorded plat thereof, Dakota County, Minnesota.
Temporary easement 140 sf
A temporary easement for highway purposes over the north 10.00 feet of the east 14.00 feet of the common area designated in CIC No. 241 Prairie Crossing Villas Fourth Supplemental CIC Plat, according to the recorded plat thereof, Dakota County, Minnesota.
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PREVIOUS BOARD ACTION
24-550; 11/12/24
ATTACHMENTS
Attachment: Location 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: Saeed Kanwar