DEPARTMENT: Parks, Facilities, and Fleet Management
FILE TYPE: Consent Action
TITLE
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Authorization To Execute An Option To Purchase Agreement And To Appraise And Negotiate Acquisition Of Oliver Family Property In City Of Empire
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RESOLUTION
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WHEREAS, by Resolution No. 11-517 (October 18, 2011), the Dakota County Board of Commissioners approved the North Creek Greenway (Greenway) Master Plan; and
WHEREAS, the Greenway Master Plan includes a section of the Vermillion River between North Creek in Farmington and the state Vermillion River Aquatic Management Area in the City of Empire (City); and
WHEREAS, the 22.56-acre Oliver property, located immediate northeast of the intersection of State Highway 3 and County State Aid Highway (CSAH) 66, is included in the Greenway corridor; and
WHEREAS, the property consists primarily of floodplain and flood fringe along 2,200 feet of the Vermillion River and does include a small area where a residential home could be built; and
WHEREAS, the Olivers are currently marketing the property through a real estate broker and have received a number of inquiries; and
WHEREAS, staff contacted the Olivers to determine if they were willing to work with the County to protect the property for public benefits; and
WHEREAS, the Olivers are interested and would be willing to take the property off the market if the County would provide $20,000 in earnest money as part of an Option to Purchase Agreement (Agreement) during such time as it took the County to appraise and make an offer; and
WHEREAS, the earnest money would be credited toward the purchase price if negotiations are successful but would be forfeited if the negotiations were not successful; and
WHEREAS, staff would work with the County Attorney’s Office to develop the Agreement; and
WHEREAS, upon execution of the Agreement by the Physical Development Division Director and the Olivers, staff would appraise and negotiate with the owners to acquire the Oliver property and if successful, seek County Board approval at a separate date.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorize the Physical Development Director to execute a $20,000 Option to Purchase Agreement with the Olivers, approved as to form by the County Attorney’s Office; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes staff to appraise the Oliver property and to then negotiate with the Olivers to acquire the property as a new County Park Conservation Area that will include a future segment of the North Creek Greenway trail; and
BE IT FURTHER RESOLVED, That if negotiations are successful with the Olivers, County staff will seek approval to acquire the Oliver property at a future County Board meeting.
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