DEPARTMENT: Office of the County Manager
FILE TYPE: Regular Action
TITLE
title
Settlement Authority For Acquisition Of Certain Property Rights Necessary For County Project 32-65 (Parcel 1, TE 1, DU 14 and TE 14)
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PURPOSE/ACTION REQUESTED
Hold a closed executive session.
SUMMARY
The Dakota County Attorney has advised that prior to closing a County Board meeting, pursuant to the Open Meeting Law, Minn. Stat. Ch. 13D, the County Board must resolve by majority vote to close the meeting.
RECOMMENDATION
recommendation
The County Manager has recommended that a closed executive session be held pursuant to attorney-client privilege during the Dakota County Board meeting of December 3, 2024, to discuss the following:
• the legal strategy of accomplishing Dakota County’s acquisition of certain property rights for the Project from R & M Holdings, LLC, as identified by Dakota County Right of Way Map No. 516 as Parcel 1 and T.E. Par. 1, and acquisition of certain property rights from 11900 Rich Valley, LLC, as identified by Dakota County Right of Way Map No. 516 as T.E. Par. 14 and D&U Par. 14.
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EXPLANATION OF FISCAL/FTE IMPACTS
Fiscal impact will be discussed in closed session.
☒ None ☐ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
body
WHEREAS, to provide a safe and efficient transportation system, Dakota County (County) is partnering with the City of Inver Grove Heights to proceed with County Project (CP) 32-65 (the Project); and
WHEREAS, the County is the lead agency for the Project; and
WHEREAS, by Resolution No. 24-111, the County Board of Commissioners (Board) authorized the acquisition of certain properties identified in the resolution and initiation of quick-take eminent domain pursuant to Minn. Stat. §117.042, if necessary, to construct the recommended improvements; and
WHEREAS, to accomplish the Project, the County acquired fee title to a portion of real property owned by R & M Holdings, LLC and a temporary construction easement over the remaining real property of R & M Holdings, LLC, identified by Dakota County Right of Way Map No. 516 as Parcel 1 and T.E. PAR. 1; and
WHEREAS, R & M Holdings, LLC alleged market higher values for Parcel and T.E. PAR. 1 from those offered by the County; and
WHEREAS, the County and R & M Holdings, LLC have agreed, subject to Board approval, to settle all damages caused by the taking of Parcel 1 and T.E. PAR. 1 whereby the County pays R & M Holdings, LLC $810,000; and
WHEREAS, to accomplish the Project, the County also acquired a permanent drainage and utility easement and a temporary construction easement over a portion of real property owned by 10900 Rich Valley, LLC identified by Dakota County Right of Way Map No. 516 as D&U PAR. 14 and T.E. PAR. 14; and
WHEREAS, 10900 Rich Valley, LLC alleged certain claims against the County concerning the cost to cure resulting from the encroachment as part of the Project; and
WHEREAS, the County and 10900 Rich Valley, LLC have agreed, subject to Board approval, to settle all damages caused by the taking of D&U PAR. 14 and T.E. PAR. 14 whereby the County pays 10900 Rich Valley, LLC $35,000; and
WHEREAS, on November 25, 2024, the Dakota County Attorney’s Office provided a confidential memorandum to the Board explaining the legal strategy accomplishing Dakota County’s acquisition of the property rights identified by Dakota County Right of Way Map No. 516 as Parcel 1, T.E. PAR. 1, D&U PAR. 14, and T.E. PAR. 14; and
WHEREAS, the County Attorney and Transportation Department staff recommend approval of the settlement agreements as being fair and equitable settlements of the actions in view of the impacts to the properties, real estate market data, the time, additional expense and risk involved in continued litigation and believe the settlements represent appropriate allocation of the prospects for success if the matters are allowed to proceed to commissioners’ hearings.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the full and final settlement with R & M Holdings, LLC, for acquisition of property identified in Dakota County Right of Way Map 516 as Parcel 1 and T.E. PAR. 1 in the total amount of $810,000 as being in the best interest of Dakota County and authorizes the County Attorney to arrange for final payment of the acquisition amount and to effectuate final settlement of the acquisition; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby approves the full and final settlement with 10900 Rich Valley, LLC, for acquisition of property identified in Dakota County Right of Way Map 516 as D&U PAR. 14 and T.E. PAR. 14 in the total amount of $35,000 as being in the best interest of Dakota County and authorizes the County Attorney to arrange for final payment of the acquisition amount and to effectuate final settlement of the acquisition.
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PREVIOUS BOARD ACTION
None.
ATTACHMENTS
Attachment: None.
BOARD GOALS
☐ A Great Place to Live ☐ A Healthy Environment
☐ A Successful Place for Business and Jobs ☒ Excellence in Public Service
PUBLIC ENGAGEMENT LEVEL
☐ Inform and Listen ☐ Discuss ☐ Involve ☒ N/A
CONTACT
Department Head: Heidi Welsch
Author: Jeni Reynolds