DEPARTMENT: Office of the County Manager
FILE TYPE: Regular Action
TITLE
title
Authorization Of Acquisition Settlement With Earle R. Almquist For Acquisition Of Certain Property Rights Necessary For County Project 91-29
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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 February 28, 2023, to discuss the following:
• the legal strategy of accomplishing Dakota County’s acquisition of the property from Earle R. Almquist, identified in Dakota County Right of Way Map No. 492 as parcels 15 and 16, for County Project 91-29.
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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, Dakota County (County) is proceeding with County Project (CP) 91-29 in the township of Marshan to provide a safe and efficient transportation system; and
WHEREAS, CP 91-29 is a project which consists of the reconstruction of County State Aid Highway (CSAH) 91 (Nicolai Avenue) from 210th Street to Trunk Highway 316 (Red Wing Boulevard) in Marshan Township to improve safety along the corridor by improving the roadway surface, adding turn lanes, and improving drainage; and
WHEREAS, to construct the recommended improvements, the County must acquire certain property rights from Earle R. Almquist (Owner) to property he owns identified in Dakota County Right of Way Map No. 492 as Parcels 15 and 16; and
WHEREAS, the County offered the Owner compensation based on the County’s appraised values for the parcels; and
WHEREAS, the Owner rejected the offer seeking additional damages for costs related to the acquisition; and
WHEREAS, the County and the Owner have agreed to settle all damages caused by the taking whereby the County will pay the Owner the sum of $193,600.00 as full and final settlement of all compensation claims related to the taking; and
WHEREAS, the County Attorney and Transportation staff recommend approval of the settlement agreement as being a fair and equitable settlement of the claims 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 authorizes the County Attorney's Office to proceed with settlement of the acquisition of property rights identified in Dakota County Right of Way Map No. 492 as Parcels 15 and 16 in the amount of $193,600, inclusive of all costs related to the taking of these parcels 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: Matt Smith
Author: Jeni Reynolds