DEPARTMENT: Transportation
FILE TYPE: Consent Action
TITLE
title
Authorization To Initiate Quick-Take Condemnation For Right Of Way Acquisitions Along County State Aid Highway 42 For Intersection Improvements From Business Parkway To Auburn Avenue In City Of Rosemount, County Project 42-179
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RESOLUTION
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WHEREAS, to provide a safe and efficient transportation system, Dakota County is proceeding with County Project 42-179; and
WHEREAS, County Project 42-179 includes intersection modifications along County State Aid Highway 42 at Business Parkway, Biscayne Avenue, 145th Street, and Auburn Avenue; and
WHEREAS, the project is necessary to provide geometric modifications, safety enhancements, traffic control updates, and access management changes at the intersections with Business Parkway, Biscayne Avenue, 145th Street, and Auburn Avenue; and
WHEREAS, acquisition of permanent highway easements and temporary construction easements from 12 parcels is necessary to support construction scheduled for 2027; and
WHEREAS, Dakota County is the lead agency for County Project 42-179; and
WHEREAS, the following acquisitions are necessary to proceed with County Project 42-179:
Parcel 1-Dakota RE Holdings LLC-34-64853-01-020
Legal description of permanent easement to be acquired for highway purposes, subject to existing easements and rights-of-way of record:
A permanent easement for highway purposes over the east 2.00 feet of the south 12.54 feet of Lot 2, Block 1, Rosewood Commons Second Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Said permanent easement contains approximately 25 square feet.
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for highway purposes over the east 7.00 feet of the south 14.00 feet of Lot 2, Block 1, Rosewood Commons Second Addition, according to the recorded plat thereof, Dakota County, Minnesota EXCEPTING from said temporary easement in the east 2.00 feet
of the south 12.54 feet of said Lot 2.
Said temporary easement contains approximately 73 square feet.
Parcel 2-New Horizon Real Estate Development 6 LLP-34-64853-02-010
Legal description of permanent easement to be acquired for highway purposes, subject to existing easements and rights-of-way of record:
A permanent easement for highway purposes over the west 2.00 feet of the south 19.86 feet
of Lot 1, Block 2, Rosewood Commons Second Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Said easement area contains approximately 40 square feet.
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for highway purposes over part of Lot 1, Block 2, Rosewood Commons Second Addition, according to the recorded plat thereof, Dakota County, Minnesota, said temporary easement is described as follows:
Beginning at the southwest corner of said Lot 1, thence easterly along the south line of said Lot 1 a distance of 12.35 feet; thence northwesterly a distance of 29.60 feet to a point on the west line of said Lot 1 being 29.60 feet northerly of said southwest corner of Lot 1; thence southerly along said west line of Lot 1 a distance of 29.60 feet to the point of beginning EXCEPTING from said temporary easement west 2.00 feet of the south 19.86 feet of said Lot 1.
Said temporary easement area contains approximately 126 square feet.
Parcel 3-Lu-Pa Industries LLC-34-64851-02-030
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for construction purposes over, under, and across that part of Lot 3, Block 2, Rosewood Center Second Addition, according to the recorded plat thereof, Dakota County, Minnesota, described as follows:
Beginning at the northeast corner of said Lot 3; thence South 0 degrees 17 minutes 30 seconds West, assumed bearing along the east line of said Lot 3 a distance of 8.54 feet; thence South 55 degrees 23 minutes 06 seconds West a distance of 10.47 feet; thence North 34 degrees 36 minutes 54 seconds West a distance of 7.00 feet to the northwest line of said Lot 3; thence North 55 degrees 23 minutes 06 seconds East along said northwest line a distance of 15.36 feet to the point of beginning.
Said temporary easement containing approximately 91 square feet.
Parcel 4-KJ Walk Inc.-34-64850-00-020
Legal description of permanent easement to be acquired for highway purposes, subject to existing easements and rights-of-way of record:
A permanent easement for highway purposes over part of Outlot B, Rosewood Estates, according to the recorded plat thereof, Dakota County, Minnesota, said easement lies easterly of the following described line:
Beginning at the northeast corner of said Outlot B;
thence South 12 degrees 23 minutes 41 seconds West a distance of 71.54 feet to the southerly line of said Outlot B and said line there terminating, for the purposes of this legal description the east line of said Outlot B, is assumed to bear North 00 degrees 17 minutes 30 seconds East.
Said easement contains approximately 515 square feet.
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for highway purposes over part of Outlot B, Rosewood Estates, according to the recorded plat thereof, Dakota County, Minnesota, said easement lies easterly of the following described line:
Commencing at the northeast corner of said Outlot B; thence North 89 degrees 57 minutes 18 seconds West assumed bearing along the north line of said Outlot B a distance of 19.45 feet to the point of beginning of the line to be described.
thence South 12 degrees 23 minutes 41 seconds West a distance of 74.37 feet to the southerly line of said Outlot B and said line there terminating EXCEPTING from said
temporary easement that part of said Outlot B taken as permanent highway easement as part of this same project.
Said temporary easement contains approximately 1,384 square feet.
Parcel 5-The Enclave Homeowners Association, Inc.-unassigned
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for highway purposes over part of Outlot B, The Enclave, according to the recorded plat thereof, Dakota County, Minnesota, said easement is described as follows:
Beginning at the southwest corner of said Outlot B; thence North 00 degrees 17 minutes 30 seconds East assumed bearing along the west line of said Outlot B a distance of 479.69 feet; thence northeasterly a distance of 46.74 feet along a non-tangential curve concave to the
north having a radius of 175.00 feet and a central angle of 15 degrees 18 minutes 06
seconds, the chord of said curve bears North 80 degrees 49 minutes 06 seconds East, with a chord length of 46.60 feet; thence North 73 degrees 10 minutes 03 seconds East tangent to said curve a distance of 19.18 feet; thence South 16 degrees 49 minutes 57 seconds East a distance of 50.00 feet; thence South 73 degrees 10 minutes 03 seconds West a distance of 19.18 feet; thence southwesterly a distance of 56.68 feet along a tangential curve concave to the north having a radius of 225.00 feet and a central angle of 14 degrees 25 minutes 58 seconds; thence South 00 degrees 17 minutes 30 seconds West a distance of 429.83 feet to the south line of said Outlot B; thence North 89 degrees 59 minutes 56 seconds West along said south line of Outlot B a distance of 5.00 feet to the point of beginning.
Said easement contains approximately 5,818 square feet.
Parcel 6-Rosann Marie Jorde-34-76500-02-050
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for highway purposes over part of Lot 5, Block 2, The Enclave, according to the recorded plat thereof, Dakota County, Minnesota, said temporary
easement is described as follows:
Beginning at the northeast corner of said Lot 5; thence North 54 degrees 00 minutes 00 seconds West assumed bearing along the northeast line of said Lot 5 a distance of 21.95 feet; thence southwesterly a distance of 37.17 feet along a non-tangential curve concave to the southeast having a radius of 1369.24 feet and a central angle of 01 degrees 33 minutes 19 seconds, the chord of said curve bears South 51 degrees 59 minutes 44 seconds West; thence South 38 degrees 46 minutes 56 seconds East not-tangent to said curve a distance of 21.00 feet to the southeasterly line of said Lot 5; thence northeasterly along said southeasterly line of Lot 5 a distance of 42.93 feet to the point of beginning.
Said temporary easement contains approximately 843 square feet.
Parcel 7-HPA II Borrower 2020-2 LLC-34-14703-01-220
Legal description of permanent easement to be acquired for highway purposes, subject to existing easements and rights-of-way of record:
A permanent easement for highway purposes over part of Lot 22, Block 1, Bloomfield 4th Addition, according to the recorded plat thereof, Dakota County, Minnesota, said highway easement is described as follows:
Beginning at the southeast corner of said Lot 22, thence westerly along the south line of said Lot 22 a distance of 13.34 feet; thence northeasterly a distance 41.66 feet to a point on the east line of said Lot 22 being 39.47 feet northerly of said southeast corner of Lot 22; thence southerly along said east line of Lot 22 a distance of 39.47 feet to the point of beginning.
Said easement contains approximately 263 square feet.
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for highway purposes over part of Lot 22, Block 1, Bloomfield 4th Addition, according to the recorded plat thereof, Dakota County, Minnesota, said temporary easement is described as follows:
Beginning at the southeast corner of said Lot 22; thence South 89 degrees 48 minutes 43 seconds West assumed bearing along the south line of said Lot 22 a distance of 19.58 feet; thence North 00 degrees 11 minutes 17 seconds West a distance of 17.36 feet; thence North 39 degrees 01 minute 31 seconds East a distance of 15.15 feet; thence North 00 degrees 11 minutes 17 seconds West a distance of 23.23 feet; thence North 89 degrees 48 minutes 43 seconds East a distance of 10.00 feet to the east line of said Lot 22; thence South 00 degrees 11 minutes 17 seconds East along said east line of Lot 22 a distance of 52.33 feet to the point of beginning EXCEPTING from said temporary easement that part of said Lot 22 taken as permanent highway easement as part of this same project.
Said temporary easement area contains approximately 483 square feet.
Parcel 10-Chad B. Harvey-34-14704-01-080
Legal description of permanent easement to be acquired for highway purposes, subject to existing easements and rights-of-way of record:
A permanent easement for highway purposes over part of Lot 8, Block 1, Bloomfield Fifth Addition, according to the recorded plat thereof, Dakota County, Minnesota, said easement
lies westerly of the following described line:
Commencing at the southwest corner of said Lot 8; thence North 89 degrees 48 minutes 43 seconds East assumed bearing along the south line of said Lot 8 a distance of 19.08 feet to the point of beginning of the line to be described; thence North 23 degrees 07 minutes 26 seconds West a distance of 33.58 feet; thence North 00 degrees 11 minutes 17 seconds West a distance of 49.11 feet to the northwest line of said Lot 8 and said line there terminating.
Said easement contains approximately 667 square feet.
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for highway purposes over part of Lot 8, Block 1, Bloomfield Fifth Addition, according to the recorded plat thereof, Dakota County, Minnesota, said easement
lies westerly of the following described line:
Commencing at the southwest corner of said Lot 8; thence North 89 degrees 48 minutes 43 seconds East assumed bearing along the south line of said Lot 8 a distance of 30.22 feet to the point of beginning of the line to be described; thence North 34 degrees 35 minutes 36 seconds West a distance of 35.78 feet; thence North 00 degrees 11 minutes 17 seconds West a distance of 53.98 feet to the northerly line of said Lot 8 and said line there terminating EXCEPTING from said temporary easement that part of said Lot 8 taken as permanent highway easement as part of this same project.
Said temporary easement contains approximately 423 square feet.
Parcel 11-Independent School District 196-34-64668-00-010
Legal description of permanent easement to be acquired for highway purposes, subject to existing easements and rights-of-way of record:
A permanent easement for highway purposes over part of Outlot A, Rosemount School District Fifth Addition, according to the recorded plat thereof, Dakota County, Minnesota, said easement lies westerly of the following described line:
Commencing at the northwest corner of said Outlot A; thence North 75 degrees 17 minutes 30 seconds East assumed bearing along the north line of said Outlot A a distance of 27.48 feet to the point of beginning of the line to be described; thence South 30 degrees 22 minutes 30 seconds West a distance of 33.01 feet; thence South 00 degrees 17 minutes 30seconds West a distance of 68.85 feet; thence South 00 degrees 11 minutes 04 seconds West a distance of 326.13 feet; thence South 03 degrees 22 minutes 16 seconds West a distance of 179.89 feet to the west line of said Outlot A and said line there terminating.
Said easement area contains approximately 5,275 square feet.
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for highway purposes over part of Outlot A, Rosemount School District Fifth Addition, according to the recorded plat thereof, Dakota County, Minnesota, said temporary easement lies westerly and northerly of the following described line:
Commencing at the northwest corner of said Outlot A; thence North 75 degrees 17 minutes 30 seconds East assumed bearing along the north line of said Outlot A a distance of 34.56 feet to the point of beginning of the line to be described; thence South 30 degrees 22 minutes 30 seconds West a distance of 22.71 feet; thence South 00 degrees 17 minutes 30 seconds West a distance of 79.50 feet; thence South 00 degrees 11 minutes 04 seconds West a distance of 326.20 feet; thence South 03 degrees 22 minutes16 seconds West a distance of 180.55 feet; thence North 86 degrees 37 minutes 44 seconds West a distance of 11.98 feet to the west line of said Outlot A and said line there terminating EXCEPTING from said temporary easement that part of said Outlot A taken as permanent highway easement as part of this same project.
Said temporary easement contains approximately 7,103 square feet.
Parcel 12-Akona Manufacturing LLC-34-64552-02-030
Legal description of permanent easement to be acquired for highway purposes, subject to existing easements and rights-of-way of record:
A permanent easement for highway purposes over that part of Lot 3, Block 2, Rosemount Business Park 2nd Addition, according to the recorded plat thereof, Dakota County, Minnesota, described as follows:
Beginning at the northeast corner of said Lot 3; thence South 00 degrees 11 minutes 04 seconds West assumed bearing along the east line of said Lot 3 a distance of 70.01 feet; thence North 07 degrees 57 minutes 38 seconds West a distance of 70.58 feet to the north
line of said Lot 3; thence North 89 degrees 24 minutes 39 seconds East along said north line of Lot 3 a distance of 10.00 feet to the point of beginning.
Said easement area contains approximately 350 square feet.
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for highway purposes over that part of Lot 3, Block 2, Rosemount Business Park 2nd Addition, according to the recorded plat thereof, Dakota County, Minnesota, described as follows:
Beginning at the northeast corner of said Lot 3; thence South 00 degrees 11 minutes 04 seconds West assumed bearing along the east line of said Lot 3 a distance of 105.30 feet; thence North 07 degrees 57 minutes 38 seconds West a distance of 106.17 feet to the north line of said Lot 3; thence North 89 degrees 24 minutes 39 seconds East along said north line of Lot 3 a distance of 15.04 feet to the point of beginning EXCEPTING from said temporary easement that part of said Lot 3 taken as permanent highway easement as part of this same project.
Said temporary easement area contains approximately 442 square feet.
Parcel 13-Brekken Enterprises Minnesota Entities-34-64552-02-010
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for highway purposes over north 10.00 feet of the west 50.00 feet of Lot 1, Block 2, Rosemount Business Park 2nd Addition, according to the recorded plat thereof, Dakota County, Minnesota, with said easement also being over the west 8.00 feet of the south 15.00 feet of the north 25.00 feet of said Lot 1.
Said temporary easement area contains approximately 620 square feet.
Parcel 14-Bigos-Rosemount II LLC Kingston-Rosemount LLC-34-64550-01-010
Legal description of permanent easement to be acquired for highway purposes, subject to existing easements and rights-of-way of record:
A permanent easement for highway purposes over that part of Lot 1, Block 1, Rosemount Business Park, according to the recorded plat thereof, Dakota County, Minnesota, described as follows:
Beginning at the northeast corner of said Lot 1; thence South 00 degrees 35 minutes 21 seconds East assumed bearing along the east line of said Lot 1 a distance of 45.00; thence North 34 degrees 16 minutes 45 seconds West a distance of 54.08 feet to the north line of said Lot 1; thence North 89 degrees 24 minutes 39 seconds East along said north line of Lot 1 a distance of 30.00 feet to the point of beginning.
Said easement contains approximately 675 square feet.
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for highway purposes over the north 15.00 feet of the east 55.00 feet and the east 10.00 feet of the north 52.00 feet of Lot 1, Block 1, Rosemount Business Park, according to the recorded plat thereof, Dakota County, Minnesota, EXCEPTING from said temporary easement that part of said Lot 1 described as follows:
Beginning at the northeast corner of said Lot 1; thence South 00 degrees 35 minutes 21 seconds East assumed bearing along the east line of said Lot 1 a distance of 45.00; thence North 34 degrees 16 minutes 45 seconds West a distance of 54.08 feet to the north line of
said Lot 1; thence North 89 degrees 24 minutes 33 seconds East along said north line of Lot 1 a distance of 30.00 feet to the point of beginning.
Said temporary easement contains approximately 595 square feet.
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WHEREAS, the parcels have been appraised, and first offers totaling $93,500 were sent to property owners; and
WHEREAS, if timely direct negotiations are not successful for all parcels, quick-take condemnation may be required to ensure to ensure a summer 2027 construction start; and
WHEREAS, parcels that settle through negotiation prior to filing the condemnation petition will not be included in condemnation action.
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 necessary for County Project 42-179 if timely acquisitions through direct negotiations is not possible, to support a summer 2027 construction start.
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BACKGROUND
The project is coordinated with the City of Rosemount and Independent School District 196 for the new Rosemount Middle School at the southeast corner of County State Aid Highway 42 and Biscayne Avenue. These improvements are consistent with the adopted County Highway 42 Management Plan (2022) (Attachment: Location Map).
By Resolution No. 25 052 (January 21, 2025), the County Board authorized first offers based on appraised values and delegated settlement authority to the County Manager for projects included in the 2025 Transportation Capital Improvement Program.
Dakota County is the lead agency for project design and right of way acquisition. First offers were issued on June 17, 2026, and staff is actively engaged in direct negotiations with property owners to reach settlements. Staff will continue negotiations before and after any condemnation filing to secure voluntary agreements wherever possible.
RECOMMENDATION
recommendation
Staff recommends authorization for the County Attorney’s Office to initiate quick-take condemnation of the remaining parcels, if necessary, to acquire right of way required for County Project (CP) 42-179.
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FINANCIAL AND STAFFING IMPACTS
The Transportation Capital Improvement Program includes a total project budget of $2,001,489 for County Project 42-179. Sufficient budget is available for the proposed $93,500 for right of way acquisition.
Project 2000412 CP 42-179 Intersection Improvements
|
Funding Source |
Total Approved Budget |
Available Budget |
|
CSAH |
$837,848 |
$218,777 |
|
Transportation Fund |
$11,250 |
$0 |
|
SUT |
$986,641 |
$0 |
|
Cities |
$165,750 |
$165,750 |
|
Totals |
$2,001,489 |
$384,527 |
PREVIOUS BOARD ACTION
25-025; 1/21/25
ATTACHMENTS
Attachment: Location Map
CONTACT
Department Director: Erin Laberee
Author: Imran Ahmed