DEPARTMENT: Office of the County Manager
FILE TYPE: Regular Action
TITLE
title
Settlement Authority For Acquisition Of Certain Property Rights Necessary For County Projects 26-67 - Parcel TE 9
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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 November 12, 2024, to discuss the following:
• the legal strategy of accomplishing Dakota County’s acquisition of certain property rights from Kristin Ann Klein, as identified by Dakota County Right of Way Map No. 506 as TE 9 for the Project.
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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 Eagan to proceed with County Project (CP) 26-67 (Project); and
WHEREAS, the County is the lead agency for the Project; and
WHEREAS, by Resolution No. 23-491, the County Board of Commissioners 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 a temporary easement over real property from Kristin Ann Klein (Landowner), identified by Dakota County Right of Way Map No. 506 as TE 9; and
WHEREAS, the Landowner alleged certain claims against the County concerning encroachment as part of the Project; and
WHEREAS, the parties in this action have agreed to settle all damages caused by the taking whereby the County pays Landowner $34,000; and
WHEREAS, on November 6, 2024, the Dakota County Attorney’s Office provided a confidential memorandum to the Dakota County Board of Commissioners explaining the legal strategy accomplishing Dakota County’s acquisition of the property rights identified by Dakota County Right of Way Map No. 506 as TE 9; and
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the full and final settlement with Kristin Ann Klein, for acquisition of property identified in Dakota County Right of Way Map 506 as TE 9 in the total amount of $34,000 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