DEPARTMENT: Parks
FILE TYPE: Consent Action
TITLE
title
Approval Of Right Of Way Acquisition For Trail Easement For Veterans Memorial Greenway In City Of Eagan, County Project P00147
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PURPOSE/ACTION REQUESTED
Approve right of way acquisition for permanent and temporary construction easements for County Project (CP) P00147.
SUMMARY
To provide a safe and efficient greenway transportation system, Dakota County is proceeding with the Veterans Memorial Greenway Project (Attachment: Project Location Map). Veterans Memorial Greenway, Phase II, will entail the construction of about two miles of shared-use trail in Eagan and Inver Grove Heights, including a bridge over State Trunk Highway 3. Construction is proposed in 2025. Phase II is being funded in part by Federal allocated funding. The Federal funding associated with CP P00147, Phase II, requires the timely acquisition of necessary right of way.
Dakota County is leading the design, construction, and right of way acquisition for CP P00147, Phase II. Acquisition of right of way in the form of permanent and temporary construction easements from four parcels is recommended to proceed with CP P00147. Permanent easements are necessary for the trail alignment, and temporary construction easements are necessary for multiuse trail construction for grading and restoration associated with trail grading and retaining wall installation to mitigate steep slopes. All permanent trail and retaining wall improvements will be located within County easements. Patchin Messner Appraisals, Inc. has completed the appraisals with a total appraised value of $198,100. 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. § 13.44, subd. 3.
RECOMMENDATION
recommendation
Staff recommends approval of right of way acquisition for the right of way necessary for CP P00147.
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EXPLANATION OF FISCAL/FTE IMPACTS
Currently, there are available Acquisition Opportunity Fund (AOF) and County AOF matching funds in the approved 2024 Parks Capital Improvement Program budget for this acquisition. If AOF funds are not available, Environmental Legacy Funds (ELF) are available for this acquisition. There is currently $10,245,962 allocated ELF within the Parks Capital Improvement Program. Sufficient funds are available for the right of way necessary for CP P00147.
☐ None ☒ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
body
WHEREAS, to provide a safe and efficient regional greenway transportation system, Dakota County is proceeding with the Veterans Memorial Greenway County Project (CP) P00147; and
WHEREAS, CP P00147, Phase II, will entail the construction of about two miles of shared-use trail in Eagan and Inver Grove Heights, including a bridge over State Trunk Highway 3; and
WHEREAS, Dakota County is the lead agency for design, construction administration, and right of way acquisition necessary in 2024 for construction to begin in 2025; and
WHEREAS, the acquisition of permanent and temporary construction easements from four private property parcels is necessary; and
WHEREAS, the acquisition of the following four parcels is necessary to move forward with the project:
20-58500-04-070 - Jacquelynne and Scott Baker - Parcel 3
A permanent easement for greenway purposes over, under, and across the north 60.27 feet of Lot 16, Block 1, Lakeside Estates, according to the recorded plat thereof, Dakota County, Minnesota.
Said greenway easement contains approximately 6,027 square feet.
10-44300-01-170 - Robert Snyder - Parcel 4
A temporary easement for greenway purposes over, under, and across the south 15.00 feet of the north 75.27 feet of Lot 17, Block 1, Lakeside Estates, according to the recorded plat thereof, Dakota County, Minnesota.
A permanent easement for greenway purposes over, under, and across the north 60.27 feet of Lot 17, Block 1, Lakeside Estates, according to the recorded plat thereof, Dakota County, Minnesota.
Said temporary easement contains approximately 1,500 square feet.
Said greenway easement contains approximately 6,027 square feet.
10-44300-01-180 - Nicole Medin - Parcel 5
A temporary easement for greenway purposes over, under, and across the south 15.00 feet of the north 75.27 feet of Lot 18, Block 1, Lakeside Estates, according to the recorded plat thereof, Dakota County, Minnesota.
A permanent easement for greenway purposes over, under, and across the north 60.27 feet of Lot 18, Block 1, Lakeside Estates, according to the recorded plat thereof, Dakota County, Minnesota.
Said temporary easement contains approximately 1,467 square feet.
Said greenway easement contains approximately 5,894 square feet.
10-66400-01-010 - St. Thomas Becket Church - Parcel 6
A temporary easement for greenway purposes over, under, and across that part of Lot 1, Block 1, St. Thomas Becket Addition, according to the recorded plat thereof, Dakota County, Minnesota, described as follows:
Commencing at the northwest corner of said Lot 1; thence South 00 degrees 06 minutes 18 seconds West, assumed bearing along the west line of said Lot 1 a distance of 92.82 feet; thence North 89 degrees 57 minutes 28 seconds East a distance of 245.63 feet; thence easterly a distance of 60.75 feet along a tangential curve concave to the north having a radius of 250.00 feet and an internal angle of 13 degrees 55 minutes 23 seconds; thence North 76 degrees 02 minutes 05 seconds East, tangent to said curve, a distance of 33.38 feet; thence easterly a distance of 18.60 feet along a tangential curve concave to the south having a radius of 80.62 feet and a central angle of 13 degrees 13 minutes 17 seconds; thence North 89 degrees 15 minutes 22 seconds East, tangent to said curve, a distance of 26.40 feet; thence southeasterly a distance of 38.69 feet along a tangential curve concave to the southwest having a radius of 58.24 feet and a central angle of 38 degrees 03 minutes 35 seconds; thence South 52 degrees 41 minutes 03 seconds East, tangent to said curve, a distance of 49.61 feet; thence easterly a distance of 84.39 feet along a tangential curve concave to the north having a radius of 151.51 feet and a central angle of 31 degrees 54 minutes 47 seconds to the point of beginning; thence northeasterly a distance of 152.56 feet along a tangential curve concave to the northwest having a radius of 151.51 feet and an internal angle of 57 degrees 41 minutes 36 seconds; thence North 37 degrees 42 minutes 33 seconds East, tangent to said curve, a distance of 3.56 feet; thence northeasterly a distance of 19.21 feet along a tangential curve concave to the southeast having a radius of 24.00 feet and a central angle of 45 degrees 51 minutes 51 seconds; thence North 83 degrees 34 minutes 24 seconds East, tangent to said curve, a distance of 115.65 feet to the east line of said Lot 1; thence South 04 degrees 20 minutes 18 seconds West along said east line a distance of 46.03 feet; thence South 04 degrees 06 minutes 40 seconds West along said east line a distance of 77.50 feet; thence North 82 degrees 32 minutes 58 seconds West a distance of 119.07 feet; thence North 05 degrees 40 minutes 19 seconds East a distance of 31.66 feet; thence North 88 degrees 19 minutes 06 seconds West a distance of 16.33 feet; thence westerly a distance of 35.87 feet along a non-tangential curve concave to the south having a radius of 175.92 feet, a central angle of 11 degrees 40 minutes 52 seconds, and a chord that bears South 89 degrees 48 minutes 11 seconds West; thence southwesterly a distance of 85.61 feet along a non-tangential curve concave to the southeast having a radius of 256.05 feet, a central angle of 19 degrees 09 minutes 25 seconds, and a chord that bears South 76 degrees 24 minutes 44 seconds West; thence North 33 degrees 50 minutes 28 seconds West, not tangent to said curve a distance of 15.43 feet to the point of beginning.
A permanent easement for greenway purposes over, under, and across that part of Lot 1, Block 1, St. Thomas Becket Addition, according to the recorded plat thereof, Dakota County, Minnesota, lying northerly of the following described line:
Commencing at the northwest corner of said Lot 1; thence South 00 degrees 06 minutes 18 seconds West, assumed bearing along the west line of said Lot 1 a distance of 92.82 feet to the point of beginning of the line to be described; thence North 89 degrees 57 minutes 28 seconds East a distance of 245.63 feet; thence easterly a distance of 60.75 feet along a tangential curve concave to the north having a radius of 250.00 feet and an internal angle of 13 degrees 55 minutes 23 seconds; thence North 76 degrees 02 minutes 05 seconds East, tangent to said curve, a distance of 33.38 feet; thence easterly a distance of 18.60 feet along a tangential curve concave to the south having a radius of 80.62 feet and a central angle of 13 degrees 13 minutes 17 seconds; thence North 89 degrees 15 minutes 22 seconds East, tangent to said curve, a distance of 26.40 feet; thence southeasterly a distance of 38.69 feet along a tangential curve concave to the southwest having a radius of 58.24 feet and a central angle of 38 degrees 03 minutes 35 seconds; thence South 52 degrees 41 minutes 03 seconds East, tangent to said curve, a distance of 49.61 feet; thence easterly a distance of 236.95 feet along a tangential curve concave to the north having a radius of 151.51 feet and a central angle of 89 degrees 36 minutes 23 seconds; thence North 37 degrees 42 minutes 33 seconds East, tangent to said curve, a distance of 3.56 feet; thence northeasterly a distance of 19.21 feet along a tangential curve concave to the southeast having a radius of 24.00 feet and a central angle of 45 degrees 51 minutes 51 seconds; thence North 83 degrees 34 minutes 24 seconds East, tangent to said curve, a distance of 115.65 feet, more or less, to the east line of said Lot 1 and said line there terminating.
Said temporary easement contains approximately 15,353 square feet.
Said greenway easement contains approximately 68,014 square feet.
; and
WHEREAS, the parcels have been appraised, and offers are being prepared for a total appraised value of $198,100; and
WHEREAS, the Veterans Memorial Greenway Phase II property acquisition and closing costs are eligible for a 75 percent Acquisition Opportunity Fund (AOF) grant through the Metropolitan Council (MC); and
WHEREAS, an AOF grant can be submitted to the MC after a purchase agreement is signed by the Physical Development Director and the property owners; and
WHEREAS, if the County is awarded an AOF grant by the MC for the properties, 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 property acquisition; and
WHEREAS, the 2024 Parks Capital Improvement Program Budget includes sufficient funds for CP P00147 right of way acquisition.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the appraised values prepared by Patchin Messner Valuation Counselors for the acquisition of the right of way for County Project P00147 and authorizes County staff, in its discretion, to share the appraisal data with the respective landowners, including all or portions of the completed appraisals as part of the negotiations process; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby approves the acquisition of right of way for County Project P00147 at the approved appraised values and, in accordance with County policy, authorizes payment from the 2024 Parks Capital Improvement Program Budget; 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 respective owners to acquire easements on 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 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 properties, staff will submit the necessary forms and documentation to the Metropolitan Council to receive approximately $148,575 of reimbursement funds that will be returned to the 2024 Parks Capital Improvement Program.
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PREVIOUS BOARD ACTION
20-430; 9/1/20
22-376; 9/6/22
22-567; 12/13/22
ATTACHMENTS
Attachment: Project Location Map
Attachment: Confidential Memo (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: Niki Geisler
Author: Tony Wotzka