DEPARTMENT: Office of the County Manager
FILE TYPE: Regular Action
TITLE
title
Settlement Authority For Acquisition Of Certain Property Rights Necessary For County Project 26-54 And County Project 63-27 - Parcel 70
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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 Interim County Manager has recommended that a closed executive session be held pursuant to attorney-client privilege during the Dakota County Board meeting of July 30, 2024, to discuss the following:
• the legal strategy of accomplishing Dakota County’s acquisition of certain property rights from Anthony Abbott and Jeanne Abbott, as identified by Dakota County Right of Way Map No. 471 as Parcel 70 and TE 70 for County Project 26-54/63-27.
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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
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WHEREAS, in 2023, Dakota County (County) completed construction of County Project (CP) 26-54 and CP 63-27 (collectively the “Project) in the Cities of Inver Grove Heights and Eagan to provide a safe and efficient transportation system; and
WHEREAS, CP 26-54 expanded approximately two miles of County State Aid Highway (CSAH) 26 (Lone Oak Road in Eagan, 70th Street in Inver Grove Heights) from Trunk Highway (TH) 55 to TH 3 from a then two-lane roadway rural section to a four-lane divided urban roadway. CP 63-27 included the construction of a new alignment of CSAH 63 (Argenta Trail) from CSAH 28 (Amana Trail) north to 65th Street and from 65th Street to old Argenta Trail (CSAH 63) to the north of CSAH 26; and
WHEREAS, by Resolution No. 20-399, the Dakota County Board of Commissioners authorized the acquisition of certain properties identified in the resolution and Dakota County Road Right of Way Map No. 471 and initiation of quick-take eminent domain pursuant to Minn. Stat. §117.042, if necessary, to construct the recommended improvements; and
WHEREAS, to accomplish the Project, the County acquired certain easements over real property from Anthony Abbott and Jeanne Abbott (collectively the “Landowner”), identified by Dakota County Right of Way Map No. 471 as Parcel 70; and
WHEREAS, the Landowner alleged certain claims against the County concerning encroachment as part of the Project; and
WHEREAS, the parties in this action have agreed to settle all damages caused by the taking whereby the County pays Landowner $92,000; and
WHEREAS, On July 25, 2024 the Dakota County Attorney’s Office provided a confidential memorandum to the Dakota County Board of Commissioners explaining the legal strategy accomplishing Dakota County’s acquisition of the property rights identified by Dakota County Right of Way Map No. 471 as Parcel 70; and
WHEREAS, after review of the information contained in the confidential memorandum the Dakota County Board determined a closed session discussion with the County Attorney’s Office was not required prior to providing settlement direction.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the full and final settlement with Anthony Abbott and Jeanne Abbott, for acquisition of property identified in Dakota County Right of Way Map 471 as Parcel 70 in the total amount of $92,000 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: Tom Novak
Author: Jeni Reynolds