DEPARTMENT: Transportation
FILE TYPE: Consent Action
TITLE
title
Authorization To Initiate Quick-Take Condemnation For County State Aid Highway 31 (Pilot Knob Road) And Upper 147th Street In City Of Apple Valley, County Project 31-118
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PURPOSE/ACTION REQUESTED
Authorize quick-take condemnation of right of way necessary for County State Aid Highway (CSAH) 31 (Pilot Knob Road) and Upper 147th Street in City Of Apple Valley, County Project (CP) 31-118.
SUMMARY
To provide a safe and efficient transportation system, Dakota County is partnering with the City of Apple Valley on CP 31-118. This project involves the preliminary and final design for converting the intersection of CSAH 31 (Pilot Knob Road) and Upper 147th Street into a restricted three-quarter access intersection in Apple Valley (Attachment: Project Location Map). Previous analyses have shown that this reconstruction will improve safety and traffic operations at this location.
By Resolution No. 25-052 (January 21, 2025), the County Board authorized making first offers based on appraised values and delegated acquisition settlement authority for projects included in the 2025 Transportation Capital Improvement Program. All valuations of the property interests to be acquired are based on independent valuation reports. Delegating the authority to approve appraisal value and make first offers to property owners allowed more time for property owners to review the County’s offers and resolve the acquisitions before eminent domain may be necessary.
Dakota County is the lead agency for CP 31-118 design and right of way acquisition. Acquisition of right of way from five private property parcels is needed to move forward with CP 31-118. Valbridge Property Advisers has completed appraisals with a total appraised value of $106,000. Offers were sent to property owners on July 14, 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 31-118.
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EXPLANATION OF FISCAL/FTE IMPACTS
The 2025 Transportation CIP has a total budget of $418,449.14 for CP 31-118. There is currently sufficient budget for the requested right of way acquisitions.
☐ 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 partnering with the City of Apple Valley on County Project (CP) 31-118, a preliminary and final design project to develop plans and associated services for converting the intersection of County State Aid Highway (CSAH) 31 (Pilot Knob Road) and Upper 147th Street into a restricted three-quarter access intersection in the city of Apple Valley; and
WHEREAS, Dakota County is the lead agency for CP 31-118, with right of way acquisition necessary in 2025 for construction to begin in the spring of 2026; and
WHEREAS, five parcels have been appraised, and first offers were prepared and sent on 7/14/2025 for a total appraised value of $106,000; 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; and
WHEREAS, the following acquisitions out of five private property parcels are necessary to proceed with CP 31-118.
Parcel 1 - River Valley Church of Apple Valley - PID 01-811001-01-010
Highway easement 584 square feet
A permanent easement for highway purposes over, under, and across the most easterly 2.00 feet of Lot 1, Block 1, Valley Business Park 2nd Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Temporary easement 2,920 square feet
A temporary easement for highway purposes over, under, and across the westerly 10.00 feet of the most easterly 12.00 feet of Lot 1, Block 1, Valley Business Park 2nd Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Parcel 2 - Dakota Upreit Limited Partnership - PID 01-81102-01-020
Highway easement 330 square feet
A permanent easement for highway purposes over, under, and across that part of Lot 2, Block 1, Valley Business Park 3rd Addition, according to the recorded plat thereof, Dakota County, Minnesota, lying northeasterly of the following described line:
Beginning at a point on the east line of said Lot 2 distant 22.00 feet southerly of the northeast corner of said Lot 2; thence northwesterly to a point on the north line of said Lot 2 distant 30.00 feet westerly of said northeast corner.
Temporary easement 3,956 square feet
A temporary easement for highway purposes over, under, and across that part of Lot 2, Block 1, Valley Business Park 3rd Addition, according to the recorded plat thereof, Dakota County, Minnesota, lying easterly of the following described line:
Commencing at the northeast corner of said Lot 2; thence North 89 degrees 51 minutes 35 seconds West, assumed bearing along the north line of said Lot 2, a distance of 38.46 feet to the point of beginning of the line to be described; thence South 53 degrees 36 minutes 53 seconds West a distance of 32.82 feet; thence South 00 degrees 06 minutes 55 seconds West a distance of 187.92 feet; thence southerly a distance of 128.90 feet along a tangential curve concave to the west having a radius of 2778.04 feet and a central angle of 2 degrees 39 minutes 31 seconds to a southerly line of said Lot 2 and said line there terminating. Excepting therefrom that part of said Lot 2 lying northeasterly of the following described line:
Beginning at a point on the east line of said Lot 2 distant 22.00 feet southerly of the northeast corner of said Lot 2; thence northwesterly to a point on the north line of said Lot 2 distant 30.00 feet westerly of said northeast corner.
Parcel 3 - Mistwood Courthomes Association, Inc. - CIC #124
Highway easement 2,220 square feet
A permanent easement for highway purposes over, under, and across that part of the designated common element of CIC Number 124, according to the recorded plat thereof, Dakota County, Minnesota, described as follows:
Beginning at the southeast corner of said common element; thence North 89 degrees 51 minutes 34 seconds West, assumed bearing along the south line of said common element, distance of 65.00 feet; thence North 00 degrees 06 minutes 55 seconds East a distance of 3.00 feet; thence South 89 degrees 51 minutes 34 seconds East a distance of 40.00 feet; thence North 42 degrees 24 minutes 01 second East a distance of 29.73 feet; thence North 00 degrees 06 minutes 55 seconds East a distance of 339.00 feet; thence South 89 degrees 53 minutes 05 seconds East a distance of 5.00 feet to the east line of said common element; thence South 00 degrees 06 minutes 55 seconds West along said east line a distance of 364.00 feet to said southeast corner and the point of beginning.
Temporary easement 3,589 square feet
A temporary easement for highway purposes over, under, and across that part of the designated common element of CIC Number 124, according to the recorded plat thereof, Dakota County, Minnesota, described as follows:
Commencing at the southeast corner of said common element; thence North 89 degrees 51 minutes 34 seconds West, assumed bearing along the south line of said common element, distance of 65.00 feet; thence North 00 degrees 06 minutes 55 seconds East a distance of 3.00 feet to the point of beginning; thence continuing North 00 degrees 06 minutes 55 seconds East a distance of 6.00 feet; thence South 89 degrees 51 minutes 34 seconds East a distance of 37.35 feet; thence North 42 degrees 24 minutes 01 second East a distance of 24.75 feet; thence North 00 degrees 06 minutes 55 seconds East a distance of 442.68 feet; thence South 89 degrees 53 minutes 05 seconds East a distance of 11.00 feet to the east line of said common element; thence South 00 degrees 06 minutes 55 seconds West along said east line a distance of 106.00 feet; thence North 89 degrees 53 minutes 05 seconds West a distance of 5.00 feet; thence South 00 degrees 06 minutes 55 seconds West a distance of 339.00 feet; thence South 42 degrees 24 minutes 01 second West a distance of 29.73 feet; thence North 89 degrees 51 minutes 34 seconds West a distance of 40.00 feet to the point of beginning.
Parcel 4 - Diamond Path Place Association, Inc. - CIC #603
Highway easement 465 square feet
A permanent easement for highway purposes over, under, and across the West 93.00 feet of the South 5.00 feet of the designated common element of CIC Number 603, known as Lot 1, Block 1, Diamond Path Fifth Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Temporary easement 578 square feet
A temporary easement for highway purposes over, under, and across that part of the designated common element of CIC Number 603, known as Lot 1, Block 1, Diamond Path Fifth Addition, according to the recorded plat thereof, Dakota County, Minnesota, lying southerly and westerly of the following described line:
Commencing at the southwest corner of said Lot 1; thence North 00 degrees 06 minutes 55 seconds East, assumed bearing along the west line of said Lot 1, a distance of 25.00 feet to the point of beginning of the line to be described; thence South 44 degrees 53 minutes 07 seconds East a distance of 21.21 feet; thence South 89 degrees 53 minutes 07 seconds East a distance of 78.00 feet; thence South 00 degrees 06 minutes 53 seconds West a distance of 10.00 feet to the south line of said Lot 1 and said line there terminating. Excepting therefrom the West 93.00 feet of the South 5.00 of said Lot 1.
Parcel 5 - Condominium No. 78 VALLEY WAY Village Homeowners Association, Inc. - CIC #78
Temporary easement 1,508 square feet
A temporary easement for highway purposes over, under, and across that part of the designated common element of CIC Number 78, known as Lot 45, Valley Way Village Seventh Addition, according to the recorded plat thereof, Dakota County, Minnesota, lying northerly and westerly of the following described line:
Commencing at the northwest corner of said Lot 45; thence South 89 degrees 53 minutes 02 seconds East, assumed bearing along the north line of said Lot 45, a distance of 93.00 feet to the point of beginning of the line to be described; thence South 00 degrees 06 minutes 52 seconds West a distance of 15.00 feet; thence North 89 degrees 53 minutes 02 seconds West a distance of 78.00 feet; thence South 45 degrees 06 minutes 55 seconds West a distance of 21.21 feet to the west line of said Lot 45 and said line there terminating.
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 31-118 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; 01/21/25
ATTACHMENTS
Attachment: 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: Saeed Kanwar