DEPARTMENT: Parks, Facilities, and Fleet Management
FILE TYPE: Consent Action
TITLE
title
Authorization To Acquire Easements On The McLaughlin Holdings Inc. And Kenneth Lee Property In City Of Eagan
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PURPOSE/ACTION REQUESTED
Authorize the expenditure of up to $4,050 to acquire a 4,440-square-foot permanent sanitary sewer easement (Sewer Easement) and a 1,200-square-foot temporary construction easement (TE) on property owned by McLaughlin Holdings Inc. and Kenneth Lee (Mclaughlin/Lee) for the new maintenance facility in Lebanon Hills Regional Park (LHRP) and located in the City of Eagan, authorize the Physical Development Director (PDD) to execute a Purchase Agreement (PA) with McLaughlin/Lee, and authorize the County Board Chair to execute the Sewer Easement.
SUMMARY
By Resolution No. 23-170 (April 25, 2023), the County Board of Commissioners authorized a professional services contract to provide architectural and engineering design services for the schematic design of a new LHRP maintenance facility. By Resolution No. 23-381 (August 29, 2023), the County Board of Commissioners approved the design for the maintenance facility. This approved design requires a new sanitary sewer connection and associated 4,440-square-foot permanent Sewer Easement and a 1,200-square-foot TE on the adjacent McLaughlin/Lee property. The Sewer Easement and TE are located within existing Dakota Electric Cooperative (DEC) and Great River Energy (GRE) easements and will require encroachment agreements with both DEC and GRE. The legal descriptions (Attachment: Legal Descriptions of the Sewer Easement and TE) and a general depiction of the Sewer Easement and TE (Attachment: General Depiction of the Sewer Easement and Temporary Easement) are attached.
County staff contracted an independent appraiser to appraise the value of the Sewer Easement and TE. The appraisal was completed, reviewed, and approved by County staff. McLaughlin/Lee have accepted the $4,000 appraised value for the Sewer Easement and the $50 appraised value for the TE. No closing costs are required.
Authorization for the PDD Director to sign the PA and for the County Board Chair to execute the Sewer Easement by the County Board of Commissioners is requested.
RECOMMENDATION
recommendation
Staff recommends that the County Board of Commissioners authorize the PDD Director to sign the PA and authorize the County Board Chair to execute the Sewer Easement.
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EXPLANATION OF FISCAL/FTE IMPACTS
The $4,050 acquisition expense is included in the approved 2024 Facilities Capital Improvement Program budget for the LHRP maintenance facility.
☐ None ☒ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, by Resolution No. 23-170 (April 25, 2023), the County Board of Commissioners authorized a professional services contract to provide architectural and engineering design services for the schematic design of the new maintenance facility in Lebanon Hills Regional Park (LHRP); and
WHEREAS, by Resolution No. 23-381 (August 29, 2023), the County Board of Commissioners approved the design for the LHRP maintenance facility; and
WHEREAS, the approved LHRP maintenance facility design requires a new sanitary sewer connection and associated 4,440-square-foot permanent sanitary sewer easement (Sewer Easement) and a 1,200-square-foot temporary construction easement (TE) on the adjacent McLaughlin Holdings Inc. and Kenneth Lee (McLaughlin/Lee) property; and
WHEREAS, the location of the Sewer Easement and TE are within existing Dakota Electric Cooperative (DEC) and Great River Energy (GRE) easements which will require encroachment agreements with both DEC and GRE; and
WHEREAS, County staff contracted an independent appraiser to appraise the value of the Sewer Easement and TE on the McLaughlin/Lee property; and
WHEREAS, the appraisal of the Sewer Easement and TE on the McLaughlin/Lee property was completed, reviewed, and approved by County staff; and
WHEREAS, McLaughlin/Lee have accepted the $4,000 appraised value for the Sewer Easement and the $50 appraised value for the TE; and
WHEREAS, authorization for the Physical Development Division Director to sign the purchase agreement to acquire the Sewer Easement and TE on the McLaughlin/Lee property and for the County Board Chair to execute the Sewer Easement by the County Board of Commissioners is requested.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the expenditure of up to $4,050 to acquire a 4,440-square-foot, permanent sanitary sewer easement and a 1,200-square-foot temporary construction easement on the McLaughlin Holdings Inc. and Kenneth Lee property; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Division Director to sign the purchase agreement to acquire a permanent sanitary sewer easement and temporary construction easement on the McLaughlin Holdings Inc. and Kenneth Lee property, approved as to form by the County Attorney’s Office; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Board Chair to execute the sanitary sewer easement on the McLaughlin Holdings Inc. and Kenneth Lee property, approved as to form by the County Attorney’s Office.
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PREVIOUS BOARD ACTION
23-170; 04/11/23
23-381; 08/31/23
ATTACHMENTS
Attachment: Legal Descriptions of the Easements on the McLaughlin/Lee property
Attachment: General Depiction of the Easements on the McLaughlin/Lee property
BOARD GOALS
☐ A Great Place to Live ☒ A Healthy Environment
☐ A Successful Place for Business and Jobs ☐ Excellence in Public Service
CONTACT
Department Head: Taud Hoopingarner
Author: Al Singer