DEPARTMENT: Parks, Facilities, and Fleet Management
FILE TYPE: Consent Action
TITLE
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Authorization To Acquire Oliver Family Property In City Of Empire
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RESOLUTION
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WHEREAS, the 22.43-acre Susan and James Berdahl, Amy Severson, Frederick M. and Mary C. Severson, and Charlotte Oliver (Oliver Family) property, located immediately northeast of the intersection of State Highway 3 and County State Aid Highway (CSAH) 66 in the City of Empire, is included in the approved master plan for the North Creek Greenway; and
WHEREAS, the Oliver Family had been marketing their property through a real estate broker and were willing to work with the County to protect the property for public benefits if the County would provide $20,000 in earnest money during such time as it took the County to appraise the property and make an offer; and
WHEREAS, by Resolution No. 24-088 (February 27, 2024), the County Board of Commissioners authorized the Physical Development Division Director to execute a $20,000 Option to Purchase Agreement with the Oliver Family that was fully executed on April 8, 2024; and
WHEREAS, an independent appraisal of the Oliver Family property was completed, reviewed, and approved by County staff; and
WHEREAS, the Oliver Family has agreed to sell their property for $147,000 (5% more than the $140,000 appraised value) and have requested that the County pay the five percent broker fee, or $7,350; and
WHEREAS, the estimated closing costs are $2,500; and
WHEREAS, the Physical Development Division Director is required to sign the purchase agreement (PA) to acquire the Oliver Family property; and
WHEREAS, the Oliver Family property acquisition and closing costs are eligible for a 75 percent Acquisition Opportunity Fund (AOF) grant through the Metropolitan Council (MC), and the $7,350 broker fee is not eligible for AOF reimbursement; and
WHEREAS, an AOF grant can be submitted to the MC after a PA is signed by the PDD Director and the Oliver Family members; and
WHEREAS, if the County is awarded an AOF grant by the MC for the Oliver Family property, the Chair of the County Board of Commissioners is required to sign an Agreement and Restrictive Covenant (ARC) with the MC; and
WHEREAS, there is adequate MC and County AOF matching funds in the approved 2024 Parks Capital Improvement Program budget for the proposed Oliver Family property acquisition; and
WHEREAS, the final acquisition costs of the Oliver Family property will be determined after the settlement statement is finalized and all associated acquisition expenses have been invoiced.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the expenditure of up to $156,850 to acquire the Susan and James Berdahl, Amy Severson, Frederick M. and Mary C. Severson, and Charlotte Oliver (Oliver Family) property, including $147,000 for acquisition, $2,500 in estimated closing costs, and $7,350 for broker fees; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Division Director to execute a purchase agreement with the Oliver Family to acquire their property, subject to approval by the County Attorney’s Office as to form; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes staff to submit an Acquisition Opportunity Fund grant request to the Metropolitan Council to receive up to 75 percent of the Oliver Family property acquisition costs; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Board Chair to execute an Agreement and Restrictive Covenant with the Metropolitan Council, which is required by the Metropolitan Council as part of an Acquisition Opportunity Fund grant agreement; and
BE IT FURTHER RESOLVED, That following acquisition of the Oliver Family property, staff will submit the necessary forms and documentation to the Metropolitan Council to receive approximately $112,125 of reimbursement funds that will be returned to the 2024 Parks Capital Improvement Program.
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