DEPARTMENT: Transportation
FILE TYPE: Consent Action
TITLE
title
Authorization To Initiate Quick-Take Condemnation For Replacement Of Four Retaining Walls Along County State Aid Highway 38 (McAndrews Road) From Garden View To Diamond Path In City Of Apple Valley, County Project 97-218
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PURPOSE/ACTION REQUESTED
Authorize quick-take condemnation of right of way necessary for the replacement of four retaining walls along County State Aid Highway (CSAH) 38 (McAndrews Rd) from Garden View to Diamond Path in the City of Apple Valley, County Project (CP) 97-218.
SUMMARY
To provide a safe and efficient transportation system, Dakota County is proceeding with CP 97-218, which involves the analysis, repair, or replacement of retaining walls along county roadways. This project has evaluated 24 retaining walls to identify and prioritize repair/replacement to assist in capital planning needs.
Staff identified four priority retaining walls along County State Aid Highway 38 to proceed with final design (Attachment: Location Map). These walls, constructed in 1992, are deteriorating and require either full replacement or a solution with a similar service life.
The County Board previously approved the right of way acquisition for projects included in the 2025 Transportation Capital Improvement Program (CIP) by Resolution No. 25-052 (January 21, 2025). 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 97-218 design and right of way acquisition. Acquisition of right of way for temporary easements from six parcels is needed to move forward with CP 97-218. Valbridge Property Advisers has completed appraisals with a total appraised value of $23,300. Offers were sent to property owners on September 30, 2025. County staff is currently in ongoing direct negotiations with property owners to reach a settlement.
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 97-218.
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EXPLANATION OF FISCAL/FTE IMPACTS
The 2025 Transportation CIP Adopted Budget includes $1,300,000 for CP 97-218. This amount consists of $800,000 in County State Aid (CSAH) and $500,000 in use of Transportation Fund balance, allocated for engineering services, right of way acquisition, and construction. In accordance with the County’s adopted policy for preservation projects, the project is fully funded by the County.
☐ 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 proceeding with County Project (CP) 97-218; and
WHEREAS, CP 97-218 is the analysis, repair, or replacement of retaining walls showing signs of deterioration along County roadways in various locations throughout Dakota County; and
WHEREAS, the project has identified four retaining walls along County State Aid Highway (CSAH) 38 from Garden View to Diamond Path in the City of Apply Valley to proceed with construction in 2026; and
WHEREAS, acquisition of temporary easements from six parcels is necessary to proceed with construction in 2026; and
WHEREAS, Dakota County is the lead agency for CP 97-218; and
WHEREAS, the following acquisitions are necessary to proceed with CP 97-218:
PARCEL OWNER
1 City of Apple Valley 95 (TE)
2 Thomas R. Harris and Karen R. Harris 1,884 (TE)
3 Paul T. Rogne and Melanie P. Rogne 1,989 (TE)
4 Kelly Lynn Meehan 509 (TE)
5 Jose E. Ballejo 1,497 (TE)
6 David K. Larson and Patricia M. Larson 1,058 (TE)
Parcel 1: City of Apple Valley 07-17000-00-010
A temporary easement for highway purposes over that part of OUTLOT A, CHATEAU ESTATES, according to the recorded plat thereof, Dakota County, Minnesota, said temporary easement lying easterly and southerly of the following described line:
Commencing at the southwest corner of said OUTLOT A, thence North 85 degrees 25 minutes 03 seconds East a distance of 151.55 feet along the south line of said OUTLOT A also being the northerly right of way line of C.S.A.H. 38 (McAndrews Road) per said plat of CHATEAU ESTATES to the point of beginning of said line to be described; thence North 04 degrees 42 minutes 44 seconds West a distance of 4.87 feet; thence North 85 degrees 19 minutes 18 seconds East a distance of 7.64 feet to the southerly right of way line of 133RD Street West per said plat of CHATEAU ESTATES and said line there terminating.
Temporary Easement containing approximately 95 square feet.
Parcel 2: Thomas R. Harris and Karen R. Harris 01-17000-02-070
A temporary easement for highway purposes over that part of Lot 7, Block 2, CHATEAU ESTATES, according to the recorded plat thereof, Dakota County, Minnesota, said temporary easement lying southerly of the following described line:
Commencing at the southeast corner of said Lot 7, thence South 85 degrees 25 minutes 03 seconds West a distance of 33.30 feet along the south line of said Lot 7 also being the northerly right of way line of C.S.A.H. 38 (McAndrews Road) per said plat of CHATEAU ESTATES to the point of beginning of said line to be described; thence South 88 degrees 30 minutes 48 seconds West a distance of 118.67 feet; thence South 88 degrees 39 minutes 41 seconds West a distance of 30.57 feet; thence South 86 degrees 41 minutes 23 seconds West a distance of 25.28 feet; thence South 83 degrees 53 minutes 31 seconds West a distance of 91.43 feet; thence South 84 degrees 38 minutes 42 seconds West a distance of 53.49 feet to the southerly right of way line of 133RD Street West per said plat of CHATEAU ESTATES and said line there terminating.
Temporary Easement containing approximately 1884 square feet.
Parcel 3: Paul T. Rogne and Melanie P. Rogne 01-48200-02-010
A temporary easement for highway purposes over and across the north 10.00 feet of Lot 1, Block 2, MEADOWLARK GLEN, according to the recorded plat thereof, Dakota County, Minnesota, together with that part of said Lot 1 lying northerly of the following described line: Commencing at the northern most corner of said Lot 1, thence South 20 degrees 47 minutes 49 seconds East assumed bearing along the east line of said Lot 1, a distance of 22.00 feet to the point of beginning of the line to be described; thence South 81 degrees 42 minutes 49 seconds West a distance of 53.24 feet to the south line of the north 10.00 feet of said Lot 1 and said line there terminating.
Temporary Easement containing approximately 1989 square feet.
Parcel 4: Kelly Lynn Meehan 01-48200-02-050
A temporary easement for highway purposes over and across the north 10.00 feet of Lot 5, Block 2, MEADOWLARK GLEN, according to the recorded plat thereof, Dakota County, Minnesota.
Temporary Easement containing approximately 509 square feet.
Parcel 5: Jose E. Ballejo 01-48200-02-060
A temporary easement for highway purposes over and across the north 10.00 feet of Lot 6, Block 2, MEADOWLARK GLEN, according to the recorded plat thereof, Dakota County, Minnesota.
Temporary Easement containing approximately 1497 square feet.
Parcel 6: David K. Larson and Patricia Larson 01-48200-02-070
A temporary easement for highway purposes over and across the north 10.00 feet of Lot 7, Block 2, MEADOWLARK GLEN, according to the recorded plat thereof, Dakota County, Minnesota.
Temporary Easement containing approximately 1058 square feet.
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WHEREAS, the parcels have been appraised, and offers were prepared and sent for a total appraised value of $23,300; and
WHEREAS, in the event that timely acquisition by direct negotiation of all required parcels does not appear possible, it may become 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; and
WHEREAS, parcels that have settled through negotiation prior to the date required for filing the condemnation petition will not be included.
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 to allow a spring 2026 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; 1/21/25
ATTACHMENTS
Attachment: Location Map of 4 Walls
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: Imran Ahmed