DEPARTMENT: Office of the County Manager
FILE TYPE: Regular Action
TITLE
title
Settlement Authority For Acquisition Of Certain Property Rights From Ace In The Hole Real Estate Limited Partnership Necessary For County Project 26-54 And County Project 63-27
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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 May 24, 2022, to discuss the following:
• the legal strategy of Dakota County’s condemnation proceeding in District Court File No. 19HA-CV-21-317 related to Ace in the Hole Real Estate Limited Partnership and its property identified as Parcels 67, 68 and 69 in Dakota County Right of Way Map 471.
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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, County Project 26-54 will expand 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 an existing two-lane roadway rural section to a four-lane divided urban roadway; and
WHEREAS, County Project 63-27 will construct on a new alignment 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, to construct the roadway improvements, Dakota County acquired property from Ace In The Hole Real Estate Limited Partnership (“Landowner”) legally described as Parcels 67, 68, & 69 in Dakota County Right of Way Map 471; and
WHEREAS, the County offered the Landowner compensation based on the County’s approved appraised value for the parcel; and
WHEREAS, the Landowner rejected the offer seeking additional damages for costs related to the acquisition; and
WHEREAS, the parties in this action have agreed to settle all damages and claims of any nature caused by the taking whereby the County will pay Landowner $1,071,325.74; and
WHEREAS, the County Attorney and Transportation Department 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 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 acquisition of property from Ace In The Hole Real Estate Limited Partnership, identified as Parcels 67, 68, & 69 in Dakota County Right of Way Map 471 as being in the best interest of the County, and authorizes the County Attorney to arrange for final payment of the $1,071,325.74 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: Matt Smith
Author: Jeni Reynolds