DEPARTMENT: Transportation
FILE TYPE: Consent Action
TITLE
title
Authorization To Initiate Quick-Take Condemnation For County State Aid Highway 42 (150th Street W) Signal Replacements At Garrett Avenue And Pilot Knob Road, And Garrett Avenue Roadway Improvements In City Of Apple Valley, County Project 42-177
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PURPOSE/ACTION REQUESTED
Authorize quick-take condemnation of right of way necessary for County State Aid Highway (CSAH) 42 (150th Street W) signal replacements at Garrett Avenue and Pilot Knob Road, and the Garrett Ave roadway improvements in the City of Apple Valley, County Project (CP) 42-177.
SUMMARY
To provide a safe and efficient transportation system, the County is proceeding with CP 42-177 in partnership with the City of Apple Valley. By Resolution No. 24-550 (November 12, 2024), the Dakota County Board of Commissioners authorized the creation of a budget for the new project CP 42-177 and execute a joint powers agreement (JPA) with the City of Apple Valley. CP 42-177 consists of signal replacements on CSAH 42 (150th Street W) at Garrett Avenue, a City Street, and at CSAH 31 (Pilot Knob Road), and Garrett Avenue roadway improvements for construction beginning in Spring 2026.
By Resolution No. 25-052 (January 21, 2025), the Dakota County Board of Commissioners authorized the right of way acquisition for projects included in the 2025 Transportation Capital Improvement Program. This board action included authorization to make first offers based on appraised values and delegated settlement authority to the County Manager.
Dakota County is the lead agency for CP 42-177 design and right of way acquisition. Acquisition of right of way from four private property parcels is needed to move forward with CP 42-177. Valbridge Property Advisers has completed appraisals with a total appraised value of $292,700. County staff will engage in direct negotiations with property owners to reach a settlement starting on August 15, 2025.
If timely acquisition by direct negotiation of all required parcels does not appear possible, staff recommends that the County Board authorize the County Attorney’s Office to initiate quick-take condemnation of the remaining parcels. Efforts will be made to negotiate agreeable settlements before and after the start of the condemnation process.
RECOMMENDATION
recommendation
Staff recommends authorization for potential condemnation for right of way necessary for CP 42-177.
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EXPLANATION OF FISCAL/FTE IMPACTS
The 2025 Adopted Transportation Capital Improvement Program budget includes $3,752,682 for the project. Sufficient funding is available for the necessary right of way acquisitions.
☐ None ☒ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, to provide a safe and efficient transportation system, Dakota County is partnering with the City of Apple Valley on CP 42-177, is a preliminary and final design project to develop plans and associated services for signal replacements on County State Aid Highway (CSAH) 42 (150th Street W) at Garrett Avenue, a City Street, and at CSAH 31 (Pilot Knob Road), and Garrett Avenue roadway improvements for construction beginning in Spring 2026; and
WHEREAS, Dakota County is the lead agency for CP 42-177, with right of way acquisition necessary in 2025 for construction to begin in the spring of 2026; and
WHEREAS, four private property parcels have been appraised, and first offers are prepared and scheduled to be sent to property owners on 8/15/2025 for a total appraised value of $292,700; and
WHEREAS, in the event that timely acquisition by direct negotiation of all required parcels does not appear possible, it is necessary for the County Board to authorize the County Attorney’s Office to initiate quick-take condemnation of the remaining parcels to allow for a spring 2026 start date for CP 42-177; and
WHEREAS, parcels that have been settled through negotiation prior to the date required for filing the condemnation petition will not be included; and
WHEREAS, the following acquisitions are necessary to proceed with CP 42-177:
Parcel 4 - Realty Income Properties 3, LLC 01-65800-01-010
Highway easement 4,590 square feet
A permanent easement for highway purposes over the west 13.00 feet of Lot 1, Block 1, SA Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Temporary easement 4,943 square feet
A temporary easement for highway purposes over the east 14.00 feet of the west 27.00 feet of Lot 1, Block 1, SA Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Parcel 5 - SB3, LLC 01-11730-01-026
Highway easement 1,055 square feet
A permanent easement for highway purposes over the east 5.00 feet of Lot 2, Block 1, Apple Valley Commercial Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Temporary easement 2,110 square feet
A temporary easement for highway purposes over the west 10.00 feet of the east 15.00 feet of Lot 2, Block 1, Apple Valley Commercial Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Parcel 6 - MMPF III Woodbury, MN, LLC 01-11731-01-010
Highway easement 1,894 square feet
A permanent easement for highway purposes over the west 9.00 feet of Lot 1, Block 1, Apple Valley Commercial Second Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Temporary easement 1,684 square feet
A temporary easement for highway purposes over the east 8.00 feet of the west 17.00 feet of Lot 1, Block 1, Apple Valley Commercial Second Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Parcel 20 - First Bank National Association 01-71001-01-010
Highway easement 1,163 square feet
A permanent easement for highway purposes over that part of Lot 1, Block 1, Southport Second Addition, according to the recorded plat thereof, Dakota County, Minnesota described as follows: Beginning at the northeast corner of said Lot 1; thence south along the east line of said Lot 1 a distance of 25.00 feet; thence northwesterly to a point on the north line of said Lot 1 said point being 25.00 feet west of said northeast corner; thence east along said north line of Lot 1 a distance of 25.00 feet to the point of beginning together with the north 10.00 feet of the east 105.00 feet of said Lot 1.
Temporary easement 558 square feet
A temporary easement for highway purposes over that part of Lot 1, Block 1, Southport Second Addition, according to the recorded plat thereof, Dakota County, Minnesota described as follows: Beginning at the northeast corner of said Lot 1; thence south along the east line of said Lot 1 a distance of 32.00 feet; thence northwesterly to a point on the north line of said Lot 1 said point being 32.00 feet west of said northeast corner; thence east along said north line a distance of 32.00 feet to the point of beginning together with the north 15.00 feet of the east 105.00 feet of Lot 1 EXCEPTING from said temporary easement any part of said Lot 1 taken for permanent highway easement as part of this same project.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Attorney’s Office to initiate quick-take condemnation of the remaining parcels for CP 42-177 to allow a spring 2026 construction start date in the event that timely acquisitions by direct negotiations of all parcels do not appear possible.
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PREVIOUS BOARD ACTION
25-052; 01/21/25
24-550; 11/12/24
ATTACHMENTS
Attachment: Location Map
BOARD GOALS
☐ Thriving People ☐ A Healthy Environment with Quality Natural Resources
☐ A Successful Place for Business and Jobs ☒ Excellence in Public Service
CONTACT
Department Head: Erin Laberee
Author: Saeed Kanwar