DEPARTMENT: Office of the County Manager
FILE TYPE: Regular Action
TITLE
title
Settlement Authority For Acquisition Of Certain Property Rights Necessary For County Project 9-56
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PURPOSE/ACTION REQUESTED
Hold a closed executive session.
SUMMARY
The Dakota County Attorney has advised that prior to closing a County Board meeting, pursuant to the Open Meeting Law, Minn. Stat. Ch. 13D, the County Board must resolve by majority vote to close the meeting.
RECOMMENDATION
recommendation
The County Manager has recommended that a closed executive session be held pursuant to attorney-client privilege during the Dakota County Board meeting of December 3, 2024, to discuss the following:
• the legal strategy of accomplishing Dakota County’s acquisition of certain property rights from Lakeville 2004, LLC, identified in Dakota County Right of Way Map No. 490 as Parcel 13 for County Project 9-56.
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EXPLANATION OF FISCAL/FTE IMPACTS
Fiscal impact will be discussed in closed session.
☒ None ☐ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
body
WHEREAS, in 2023, Dakota County (County) completed County Project (CP) 9-56 in the City of Lakeville to provide a safe and efficient transportation system; and
WHEREAS, CP 9-56 was a joint project between Dakota County and the City of Lakeville which included the reconstruction of County State Aid Highway (CSAH) 9 and the construction of 179th Street between Highview Avenue and CSAH 23 (Cedar Avenue), and pavement preservation and intersection improvements along CSAH 23 between 179th Street and CSAH 9 in the City of Lakeville; and
WHEREAS, to construct the project, the County acquired certain property rights by eminent domain proceedings from Lakeville 2004, LLC (Owner) identified by Dakota County Right of Way Map No. 490 as Parcel 13; and
WHEREAS, on November 21, 2024, the Dakota County Attorney's Office provided a confidential memorandum to the Dakota County Board of Commissioners explaining the legal strategy for accomplishing Dakota County's acquisition of the property rights identified in Dakota County Right of Way Map No. 490 as Parcel 13; and
WHEREAS, the County Attorney and Transportation Department staff recommend approval of the settlement agreement as being a fair and equitable settlement of the action in view of the impacts to the property, real estate market data, the time, additional expense and risk involved in continued litigation and belief that the settlement represents an appropriate allocation of the prospects for success if the matter is allowed to proceed to a commissioners’ hearing.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the full and final settlement with Lakeville 2004, LLC for the acquisition of property rights identified by Dakota County Right of Way Map No. 490 as Parcel 13 for a total amount of $72,259.97 as being in the best interest of Dakota County, and authorizes the County Attorney to arrange for final payment of the acquisition amount and to effectuate final settlement of the acquisition.
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PREVIOUS BOARD ACTION
None.
ATTACHMENTS
Attachment: None.
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: Heidi Welsch
Author: Jeni Reynolds