DEPARTMENT: Transportation
FILE TYPE: Consent Action
TITLE
title
Authorization To Execute Metropolitan Council Active Transportation Grant Agreement And Authorization To Initiate Quick-Take Condemnation For County State Aid Highway 42 (Egan Drive) Trail Gap Project In Burnsville, County Project 42-167
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PURPOSE/ACTION REQUESTED
Authorize execution of Metropolitan Council Active Transportation grant agreement and authorize quick-take condemnation of right of way necessary for County State Aid Highway (CSAH) 42 (Egan Drive) Trail Gap project in Burnsville, County Project (CP) 42-167.
SUMMARY
Dakota County is advancing CP 42-167 to construct a multi-use trail along the north side of CSAH 42 between CSAH 5 and Nicollet Avenue in Burnsville. This project closes a critical multi-modal gap, improves pedestrian crossings, and enhances safety and accessibility for people walking, biking, and rolling along the busy corridor. When the project is complete, it will create five miles of continuous trail across the city of Burnsville, connecting Savage and Apple Valley.
The engineering consultant selection process has been completed, and final design work is underway. Right of way acquisition requires securing several permanent trail easements and temporary construction easements across commercial properties. All required right of way consists of narrow strip takes along the corridor and has been designed to avoid impacts to existing parking areas, signage, and business operations. All appraisals and offers have been completed for affected parcels, consistent with statute and County policy. Negotiations are ongoing but may not be completed in time to maintain the project schedule. Quick-take condemnation authority is therefore requested to ensure timely possession while continuing good faith negotiations with property owners.
By Resolution No. 25-052 (January 20, 2025), the County Board authorized right of way acquisition for 2026 capital projects, including authority to make first offers and delegated settlement authority to the County Manager.
Dakota County is the lead agency for CP 42-167. Acquisition from nine private parcels is required. Valbridge Property Advisers completed appraisals totaling $324,800, and first offers were mailed May 15, 2026. Staff will conduct direct negotiations to reach settlements.
Dakota County has been awarded $1,444,000 in Active Transportation Program funds by the Metropolitan Council and must execute Grant Agreement No. SG-25M-AT-04 to secure such funds. The grant agreement outlines the terms, conditions, eligible expenses, and reporting requirements necessary for the project to receive financial participation. Construction is currently scheduled for 2027, with right of way acquisition required to be completed in advance.
RECOMMENDATION
recommendation
Staff recommends that the County Board authorize execution of Metropolitan Council Active Transportation Grant Agreement No. SG-25M-AT-04 and authorize the County Attorney’s Office to initiate quick-take condemnation for all parcels needed for CP 42-167, if negotiated settlement is not achieved.
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EXPLANATION OF FISCAL/FTE IMPACTS
Grant funding from the Metropolitan Council will offset eligible construction costs per the Active Transportation Program requirements. Appraisal and negotiation work is funded within existing project allocations. No new FTEs are requested.
Project 1001668 T42167 CP42-167 Trail Gaps CR 5 to 11
|
Funding Source |
Budgeted Amount |
Available Budget |
|
Transportation Fund Balance |
$100,000 |
$13,532 |
|
CSAH |
$1,024,590 |
$941,577 |
|
City of Burnsville |
$165,698 |
$165,698 |
|
Metropolitan Council |
$1,444,000 |
$1,444,000 |
|
Totals |
$2,734,288 |
$2,309,806 |
☐ None ☒ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
body
WHEREAS, to provide a safe and efficient transportation system, Dakota County is proceeding with County Project (CP) 42-167 to construct a multi-use trail along the north side of County State Aid Highway (CSAH) 42 between CSAH 5 and Nicollet Avenue in Burnsville; and
WHEREAS, this project will close a critical multimodal trail gap, enhance corridor safety, and improve pedestrian and bicycle connectivity; and
WHEREAS, Dakota County has been awarded funding under the Metropolitan Council Active Transportation Program and must execute Grant Agreement No. SG-25M-AT-04 to secure such funds; and
WHEREAS, right of way acquisition is required to complete CP 42-167, and all appraisals and offers have been completed for affected parcels; and
WHEREAS, timely acquisition of the required easements may not be achieved through direct negotiations alone; and
WHEREAS, to avoid project delays, the County must secure quick take condemnation authority for all required parcels; and
WHEREAS, the following parcels, including their complete legal descriptions, are required for CP 42-167:
Parcel 1- SVAP II Burnsville Market, LLC - 02-15372-01-010
Temporary Easement- 641 square feet
A temporary easement for construction purposes over part of Lot 1, Block 1, Burnhill Third Addition, according to the recorded plat thereof, Dakota County, Minnesota, said temporary easement lies southerly of the following described line:
Commencing at the southeast corner of said Lot 1, said corner also being the southwest corner of Lot 4, said Block 1, Burnhill Third Addition; thence South 88 degrees 48 minutes 20 seconds West assumed bearing along the south line of said Lot 1 a distance of 416.88 feet to the point of beginning of the line to be described; thence North 80 degrees 08 minutes 49 seconds West a distance of 99.54 feet; to a westerly line of said Lot 1 and said line there terminating.
Parcel 5 - Dean and Barbara Johnson Holding, LP- 02-15376-01-041
Trail Easement- 237 square feet
A permanent easement for trail purposes over the south 11.00 feet of Lot 4, Block 1, Burnhill Second Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Temporary Easement- 562 square feet
A temporary easement for construction purposes over part of Lot 4, Block 1, Burnhill Second Addition, according to the recorded plat thereof, Dakota County, Minnesota, said temporary easement lies southerly of the following described line:
Commencing at the southwest corner of said Lot 4, Block 1, Burnhill Second Addition; thence North 00 degrees 10 minutes 11 seconds West assumed bearing along the west line of said Lot 4, Block 1, Burnhill Second Addition a distance of 18.00 feet to the point of beginning of the line to be described; thence South 44 degrees 47 minutes 04 seconds East a distance of 7.12 feet; thence South 89 degrees 23 minutes 56 seconds East a distance of 219.22 feet; thence North a distance of 6.00 feet; thence South 89 degrees 23 minutes 56 seconds East a distance of 12.69 feet to the east line of said Lot 4 and said line there terminating EXCEPTING from said temporary easement that part of said Lot 4 taken as permanent highway easement as part of this same project.
Parcel 6 - CSM Park Place Limited Partnership, L.L.L.P - 02-15376-01-050
Trail Easement- 875 square feet
A permanent easement for trail purposes over part of Lot 5, Block 1, Burnhill Second Addition, according to the recorded plat thereof, Dakota County, Minnesota, said highway easement lies southerly of the following described line:
Commencing at the southwest corner of said Lot 5, Block 1, Burnhill Second Addition; thence North 00 degrees 36 minutes 04 seconds East assumed bearing along the west line of said Lot 5, Block 1, Burnhill Second Addition a distance of 11.00 feet to the point of beginning of the line to be described; thence South 89 degrees 23 minutes 57 seconds East a distance of 49.12 feet; thence South 83 degrees 41 minutes 19 seconds East a distance of 70.35 feet; thence South 89 degrees 23 minutes 57 seconds East a distance of 60.61 feet; thence North 86 degrees 46 minutes 09 seconds East a distance of 75.40 feet; thence North 25 degrees 13 minutes 20 seconds East a distance of 6.56 feet; thence South 89 degrees 23 minutes 56 seconds East a distance of 2.30 feet to the east line of said Lot 5 and said line there terminating.
Temporary Easement 2,432 square feet
A temporary easement for construction purposes over part of Lot 5, Block 1, Burnhill Second Addition, according to the recorded plat thereof, Dakota County, Minnesota said temporary easement lies southerly of the following described line:
Commencing at the southwest corner of said Lot 5, Block 1, Burnhill Second Addition; thence North 00 degrees 36 minutes 04 seconds East assumed bearing along the west line of said Lot 5, Block 1, Burnhill Second Addition a distance of 19.00 feet to the point of beginning of the line to be described; thence South 89 degrees 23 minutes 56 seconds East a distance of 115.24 feet; thence South 83 degrees 39 minutes 19 seconds East a distance of 79.81 feet; thence North 86 degrees 46 minutes 09 seconds East a distance of 57.61 feet; thence North 25 degrees 13 minutes 20 seconds East a distance of 11.15 feet; thence South 89 degrees 23 minutes 56 seconds East a distance of 3.22 feet to the east line of said Lot 5 and said line there terminating EXCEPTING from said temporary easement that part of said Lot 5 taken as permanent highway easement as part of this same project.
Parcel 7 - CSM Park Place Limited Partnership, L.L.L.P - 02-15376-01-030
Trail Easement - 2,586 square feet
A permanent easement for trail purposes over part of Lot 3, Block 1, Burnhill Second Addition, according to the recorded plat thereof, Dakota County, Minnesota, said highway easement lies southerly of the following described line:
Commencing at the southeast corner of Lot 5, Block 1, Burnhill Second Addition; thence North 00 degrees 36 minutes 04 seconds East assumed bearing along the east line of said Lot 5, Block 1, Burnhill Second Addition a distance of 15.00 feet to the point of beginning of the line to be described; thence South 89 degrees 23 minutes 57 seconds East a distance of 305.07 feet; thence South 83 degrees 40 minutes 21 seconds East a distance of 130.29 feet; thence South 89 degrees 23 minutes 57 seconds East a distance of 105.29 feet to the east line of said Lot 3, Block 1, Burnhill Second Addition and said line there terminating.
Temporary Easement- 4,148 square feet
A temporary easement for construction purposes over part of Lot 3, Block 1, Burnhill Second Addition, according to the recorded plat thereof, Dakota County, Minnesota, said temporary easement lies southerly of the following described line:
Commencing at the southeast corner of Lot 5, Block 1, Burnhill Second Addition; thence North 00 degrees 36 minutes 04 seconds East assumed bearing along the east line of said Lot 5, Block 1, Burnhill Second Addition a distance of 25.00 feet to the point of beginning of the line to be described; thence South 89 degrees 23 minutes 57 seconds East a distance of 309.53 feet; thence South 70 degrees 29 minutes 39 seconds East a distance of 28.05 feet; thence South 83 degrees 40 minutes 21 seconds East a distance of 109.35 feet; thence South 89 degrees 23 minutes 56 seconds East a distance of 78.16 feet; thence North 46 degrees 30 minutes 04 seconds East a distance of 24.10 feet to the east line of said Lot 3 and said line there terminating EXCEPTING from said temporary easement that part of said Lot 3 taken as permanent highway easement as part of this same project.
Parcel 8 - Spirits Properties LLC- 02-71500-01-010
Trail Easement- 1,643 square feet
A permanent easement for trail purposes over the south 11.00 feet of Lot 1, Block 1, Spirits Properties, according to the recorded plat thereof, Dakota County, Minnesota EXCEPTING therefrom that part of said Lot 1 encumbered by recorded Highway Easement No. 1053869.
Temporary Easement- 2,827 square feet
A temporary easement for construction purposes over the south 20.00 feet of Lot 1, Block 1, Spirits Properties, according to the recorded plat thereof, Dakota County, Minnesota EXCEPTING therefrom that part of said Lot 1 encumbered by recorded Highway Easement No. 1053869 and also EXCEPTING from said temporary easement that part of said Lot 1 taken as permanent highway easement as part of this same project.
Parcel 10 - U.S. Bank National Association- 02-15373-01-020
Trail Easement- 296 square feet
A permanent easement for trail purposes over part of Lot 2, Block 1, Burnhaven Mall 6th Addition, according to the recorded plat thereof, Dakota County, Minnesota, said easement lies easterly and southerly of the following described line:
Commencing at the southwest corner of said Lot 2; thence South 89 degrees 23 minutes 56 seconds East assumed bearing along the south line of said Lot 2 a distance of 164.34 feet to the point of beginning of the line to be described; thence North 26 degrees 16 minutes 26 seconds East a distance of 27.74 feet; thence South 89 degrees 23 minutes 56 seconds East a distance of 10.37 feet to the east line of said Lot 2 and said line there terminating.
Temporary Easement- 187 square feet
A temporary easement for construction purposes over part of Lot 2, Block 1, Burnhaven Mall 6th Addition, according to the recorded plat thereof, Dakota County, Minnesota, said easement lies easterly and southerly of the following described line:
Commencing at the southwest corner of said Lot 2; thence South 89 degrees 23 minutes 56 seconds East assumed bearing along the south line of said Lot 2 a distance of 156.87 feet to the point of beginning of the line to be described; thence North 26 degrees 16 minutes 26 seconds East a distance of 27.74 feet; thence South 89 degrees 23 minutes 56 seconds East a distance of 17.84 feet to the east line of said Lot 2 and said line there terminating EXCEPTING from said temporary easement that part of said Lot 2 taken as permanent highway easement for this same project.
Parcel 14 - JPT INDUSTRIES INCORPORATED- 02-15700-01-010
Trail Easement- 1,167 square feet
A permanent easement for trail purposes over part of Lot 1, Block 1, Burnsville Marketplace, according to the recorded plat thereof, Dakota County, Minnesota, said highway easement lies southerly of the following described line:
Commencing at the southwest corner of the Southeast Quarter of Section 24, Township 115 North, Range 21 West, Dakota County, Minnesota, thence South 89 degrees 23 minutes 41 seconds East assumed bearing along the south line of said Southeast Quarter of Section 24 a distance of 271.85 feet; thence North 00 degrees 35 minutes 31 seconds East a distance of 84.73 feet to a southerly corner of said Lot 1; thence continue North 00 degrees 35 minutes 31 seconds East along the boundary of said Lot 1 a distance of 6.00 feet to the point of beginning of said line to be described; thence North 89 degrees 24 minutes 25 seconds West a distance of 94.18 feet; thence North 83 degrees 35 minutes 13 seconds West a distance of 67.14 feet; thence North 78 degrees 58 minutes 07 seconds West a distance of 27.33 feet to the west boundary of said Lot 1 and said line there terminating.
Temporary Easement- 2,006 square feet
A temporary easement for construction purposes over part of Lot 1, Block 1, Burnsville Marketplace, according to the recorded plat thereof, Dakota County, Minnesota, said temporary easement lies southerly of the following described line: Commencing at the southwest corner of the Southeast Quarter of Section 24, Township 115 North, Range 21 West, Dakota County, Minnesota, thence South 89 degrees 23 minutes 41 seconds East assumed bearing along the south line of said Southeast Quarter of Section 24 a distance of 271.85 feet; thence North 00 degrees 35 minutes 31 seconds East a distance of 84.73 feet to a southerly corner of said Lot 1; thence continue North 00 degrees 35 minutes 31 seconds East along the boundary of said Lot 1 a distance of 13.00 feet to the point of beginning of said line to be described; thence North 89 degrees 24 minutes 25 seconds West a distance of 103.69 feet; thence North 83 degrees 35 minutes 13 seconds West a distance of 56.74 feet; thence North 78 degrees 58 minutes 07 seconds West a distance of 36.16 feet to the west boundary of said Lot 1 and said line there terminating EXCEPTING from said temporary easement that part of said Lot 1 taken as permanent highway easement as part of this same project.
Together with a 10.00 foot wide temporary easement for construction purposes over part of Lot 1, Block 1, Burnsville Marketplace, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: Beginning on the south line of said Lot 1, Block 1, Burnsville Marketplace at the southeast corner of Lot 1, Block 1, Midland Addition, according to the recorded plat thereof; thence North 00 degrees 35 minutes 31 seconds East assumed bearing along the east line of said Lot 1, Block 1, Midland Addition a distance of 10.12 feet to the north line of the south 10.00 feet of said Lot 1, Block 1 Burnsville Marketplace; thence southeasterly along said north line of the south 10.00 feet of said Lot 1, Block 1, Burnsville Marketplace a distance of 45.68 feet along a non-tangent curve with radius of 1974.86 feet; thence South 10 degrees 46 minutes 55 seconds West not-tangent to said curve a distance of 10.06 feet to the south line of said Lot 1, Block 1, Burnsville Marketplace; thence northwesterly along said south line of Lot 1, Block 1, Burnsville Marketplace a distance of 43.89 feet to the point of beginning.
Together with temporary easement for construction purposes over that part of Lot 1, Block 1, Burnsville Marketplace, according to the recorded plat thereof, Dakota County, Minnesota, described as follows:
Commencing at the southwest corner of the Southeast Quarter of Section 24, Township 115 North, Range 21 West, Dakota County, Minnesota, thence South 89 degrees 23 minutes 41 seconds East assumed bearing along the south line of said Southeast Quarter of Section 24 a distance of 711.88 feet; thence North 01 degrees 12 minutes 18 seconds East a distance of 50.66 feet to a southerly corner of said Lot 1 and the point of beginning of the temporary easement to be described; thence continue North 01 degrees 12 minutes 18 seconds East along the boundary of said Lot 1 a distance of 8.29 feet; thence North 73 degrees 58 minutes 22 seconds West a distance of 36.70 feet; thence South 15 degrees 37 minutes 40 seconds West a distance of 7.95 feet to the south line of said Lot 1; thence southeasterly along said south line of Lot 1 a distance of 38.77 feet to the point of beginning.
Parcel 15- BURNSVILLE RETAIL, LLC - 02-48425-01-010
Temporary Easement- 125 square feet
A 10.00 foot wide temporary easement for construction purposes over that part of Lot 1, Block 1, Midland Addition, according to the recorded plat thereof, Dakota County, Minnesota, described as follows:
Beginning at the southeast corner of said Lot 1; thence North 00 degrees 35 minutes 31 seconds East assumed bearing along the east line of said Lot 1 a distance of 10.12 feet to the north line of the south 10.00 feet of said Lot 1; thence northwesterly along said north line of the south 10.00 feet a distance of 11.73 feet along a non-tangent curve with radius of 1974.86 feet; thence South 09 degrees 12 minutes 02 seconds West not-tangent to said curve a distance of 10.02 feet to the south line of said Lot 1; thence southeasterly along said south line of Lot 1 a distance of 13.25 feet to the point of beginning.
Parcel 18 - McDonald’s Corporation - 02-26100-01-020
Trail Easement- 87 square feet
A permanent easement for trail purposes over part of Lot 2, Block 1, Federal Land Company First Addition, according to the recorded plat thereof, Dakota County, Minnesota, said highway easement lies southwesterly of the following described line: Commencing at the southeast corner of said Lot 2; thence North 60 degrees 32 minutes 03 seconds West assumed bearing along the southwesterly line of said Lot 2 a distance of 74.60 feet to the point of beginning of the line to be described; thence North 54 degrees 25 minutes 15 seconds West a distance of 41.27 feet to the westerly line of said Lot 2 and said line there terminating.
Temporary Easement - 1,319 square feet
A temporary easement for construction purposes over part of Lot 2, Block 1, Federal Land Company First Addition, according to the recorded plat thereof, Dakota County, Minnesota, said temporary easement lies southwesterly of the following described line: Commencing at the southeast corner of said Lot 2; thence North 29 degrees 27 minutes 36 seconds East assumed bearing along the easterly line of said Lot 2 a distance of 10.00 feet to the of point of beginning of the line to be described; thence North 60 degrees 32 minutes 03 seconds West a distance of 89.43 feet; thence North 33 degrees 50 minutes 02 seconds West a distance of 39.16 feet to the westerly line of said Lot 2 and said line there terminating, EXCEPTING from said temporary easement that part of said Lot 2 taken as permanent highway easement as part of this same project.
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 for County Project 42-167 to allow a spring 2027 construction start date if timely acquisitions by direct negotiations of all parcels do not appear possible; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Assistant County Manager: Physical Development to execute Metropolitan Council Active Transportation Grant Agreement No. SG-25M-AT-04.
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PREVIOUS BOARD ACTION
25-052; 1/20/25
ATTACHMENTS
Attachment: CP 42-167 Project Location Map
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: Susan Wimberly