DEPARTMENT: Transportation
FILE TYPE: Consent Action
TITLE
title
Authorization To Initiate Quick-Take Condemnation For County State Aid Highway 42 (150th Street W) Mill And Overlay In The Cities Of Apple Valley And Rosemount, County Project 42-173
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PURPOSE/ACTION REQUESTED
Authorize quick-take condemnation of right of way necessary for County State Aid Highway (CSAH) 42 (150th Street W) mill and overlay in Apple Valley and Rosemount, County Project (CP) 42-173.
SUMMARY
Dakota County is planning pavement preservation and signal replacement improvements along the four-lane divided principal arterial CSAH 42 (150th Street W) from CSAH 33 (Diamond Path) to Trunk Highway 3 (Robert Trail S) in Apple Valley and Rosemount, CP 42-173. The project includes pavement milling and overlay, replacement of pedestrian curb ramps to meet American with Disabilities Act (ADA) standards, pavement markings, and necessary repairs to local utility systems.
As part of preservation projects, the County coordinates with municipal partners to determine needed utility repairs. Incorporating these repairs into County-led work reduces repeated disruptions, saves time and cost, and ensures the corridor is improved comprehensively. Potential utility elements include storm sewer, sanitary sewer, and water main repairs.
The pavement along the corridor has reached the end of its useful life and exhibits severe cracking, failing curb, and noncompliant pedestrian features. Accessible Pedestrian Signals and other system elements will be updated at all signalized intersections. CSAH funds will be used to deliver pavement and ADA improvements.
By Resolution No. 26-039 (January 20, 2026), 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 42-173. Acquisition from 10 private parcels is required. Valbridge Property Advisors completed appraisals totaling $99,100, and first offers were mailed January 15, 2026. Staff will conduct direct negotiations to reach settlements.
To maintain the spring 2027 construction, start date, quick-take condemnation authority is recommended if timely negotiated acquisition is not possible for all parcels. Negotiations will continue after initiating any condemnation process with petition filing anticipated by April 10, 2026.
RECOMMENDATION
recommendation
Staff recommends that the County Board authorize the County Attorney’s Office to initiate quick-take condemnation of the remaining parcels required for CP 42-173 if negotiated settlement is not achieved.
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EXPLANATION OF FISCAL/FTE IMPACTS
The Transportation Capital Improvement Program includes $4,278,092 for 2000477 CP 42-173 CSAH 42/CSAH 33. There is sufficient project budget available to support negotiated purchases and any potential quick take condemnation costs, if needed.
2000477 CP 42-173 CSAH 42/CSAH 33
|
Funding Source |
Total Approved Budget |
Available Budget |
|
County State Aid Highway |
$4,062,092 |
$3,810,968 |
|
Transportation Fund Balance |
$216,000 |
$216,000 |
|
Total |
$4,278,092 |
$4,026,968 |
body
☐ None ☒ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
WHEREAS, to provide a safe and efficient transportation system, Dakota County is proceeding with County Project (CP) 42-173; and
WHEREAS, CP 42-173 is the mill and overlay and signal replacement at County State Aid Highway (CSAH) 33 (Diamond Path) on CSAH 42 in Apple Valley and Rosemount; and
WHEREAS, Dakota County is the lead agency for CP 42-173, with right of way acquisition necessary in 2026 for construction to begin in the spring of 2027; and
WHEREAS, 10 private property parcels have been appraised, and first offers were sent to property owners on 1/15/2026 for a total appraised value of $99,100; 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 2027 start date for CP 42-173; and
WHEREAS, parcels that have been settled through negotiation prior to the date required for filing the condemnation petition will not be included; and
WHEREAS, the following acquisitions subject to existing easements and rights-of-way of record are necessary to proceed with CP 42-173:
Parcel 1- Lutheran Church of Our Savior- 34-03010-52-060
Highway Easement - 926 square feet
A permanent easement for highway purposes over the east 15.00 feet of the west 150.00 feet of the south 136.00 feet of the Southwest Quarter of the Southwest Quarter of Section 30, Township 115 North, Range 19 West, Dakota County, Minnesota excepting therefrom that part encumbered by Dakota County Highway Easement No. 441325 recorded October 9th, 1974.
Temporary Easement - 411 square feet
A temporary easement for highway purposes over the east 20.00 feet of the west 150.00 feet of the south 141.00 feet of the Southwest Quarter of the Southwest Quarter of Section 30, Township 115 North, Range 19 West, Dakota County, Minnesota, excepting therefrom that part encumbered by Dakota County Highway Easement No. 441325 recorded October 9th, 1974 and also excepting from said temporary easement that part taken as permanent highway easement for this same project.
Parcel 4- Thomas P. McCluney and Christina M. McCluney - 34-16402-03-100
Highway Easement - 441 square feet
A permanent easement for highway purposes over part of Lot 10, Block 3, Carrollton 3rd Addition, according to the recorded plat thereof, Dakota County, Minnesota said easement lies westerly and southerly of the following described line:
Commencing at the southeast corner of Lot 9 said Block 3, Carrollton 3rd Addition; thence South 89 degrees 55 minutes 54 seconds West assumed bearing along the south line of said Lot 9 a distance of 166.01 feet to the point of beginning of the line to be described; thence North 00 degrees 04 minutes 04 seconds West a distance of 10.00 feet; thence North 44 degrees 28 minutes 54 seconds West a distance of 13.72 feet; thence North 01 degree 06 minutes 02 seconds East a distance of 39.18 feet; thence North 88 degrees 53 minutes 58 seconds West a distance of 10.00 feet to the west line of said Lot 10, Block 3, Carrollton 3rd Addition and said line there terminating.
Temporary Easement - 183 square feet
A temporary easement for highway purposes over part of Lot 10, Block 3, Carrollton 3rd Addition, according to the recorded plat thereof, Dakota County, Minnesota said easement lies westerly and southerly of the following described line:
Commencing at the southeast corner of Lot 9, said Block 3, Carrollton 3rd Addition; thence South 89 degrees 55 minutes 54 seconds West assumed bearing along the south line of said Lot 9 a distance of 156.01 feet to the point of beginning of the line to be described; thence North 00 degrees 04 minutes 04 seconds West a distance of 15.00 feet; thence South 89 degrees 55 minutes 56 seconds West a distance of 4.73 feet; thence North 44 degrees 28 minutes 54 seconds West a distance of 13.95 feet; thence North 01 degrees 06 minutes 02 seconds East a distance of 33.92 feet; thence North 88 degrees 53 minutes 58 seconds West a distance of 15.00 feet to the west line of said Lot 10, Block 3, Carrollton 3rd Addition and said line there terminating, excepting from said temporary easement that part taken as permanent highway easement as part of this same project.
Parcel 5- Mark W. Tollefson and Michele R. Tollefson - 34-16402-03-090
Highway Easement - 247 square feet
A permanent easement for highway purposes over part of Lot 9, Block 3, Carrollton 3rd Addition, according to the recorded plat thereof, Dakota County, Minnesota said easement lies westerly and southerly of the following described line:
Commencing at the southeast corner of said Lot 9; thence South 89 degrees 55 minutes 54 seconds West assumed bearing along the south line of said Lot 9 a distance of 166.01 feet to the point of beginning of the line to be described; thence North 00 degrees 04 minutes 04 seconds West a distance of 10.00 feet; thence North 44 degrees 28 minutes 54 seconds West a distance of 13.72 feet; thence North 01 degrees 06 minutes 02 seconds East a distance of 39.18 feet; thence North 88 degrees 53 minutes 58 seconds West a distance of 10.00 feet to the west line of Lot 10, said Block 3, Carrollton 3rd Addition and said line there terminating.
Temporary Easement - 238 square feet.
A temporary easement for highway purposes over part of Lot 9, Block 3, Carrollton 3rd Addition, according to the recorded plat thereof, Dakota County, Minnesota said easement lies westerly and southerly of the following described line:
Commencing at the southeast corner of said Lot 9; thence South 89 degrees 55 minutes 54 seconds West assumed bearing along the south line of said Lot 9 a distance of 156.01 feet to the point of beginning of the line to be described; thence North 00 degrees 04 minutes 04 seconds West a distance of 15.00 feet; thence South 89 degrees 55 minutes 56 seconds West a distance of 4.73 feet; thence North 44 degrees 28 minutes 54 seconds West a distance of 13.95 feet; thence North 01 degrees 06 minutes 02 seconds East a distance of 33.92 feet; thence North 88 degrees 53 minutes 58 seconds West a distance of 15.00 feet to the west line of Lot 10, said Block 3, Carrollton 3rd Addition and said line there terminating, excepting from said temporary easement that part taken as permanent highway easement as part of this same project.
Parcel 7- City of Rosemount- 34-03800-12-100
Highway Easement - 1,901 square feet
A permanent easement for highway purposes over the south 20.00 feet of the west 78.00 feet of the Southwest Quarter of the Southwest Quarter of Section 29, Township 115 North, Range 19 West, Dakota County, Minnesota together with the north 40.00 feet of the south 60.00 feet of the west 58.00 feet of the said Southwest Quarter of the Southwest Quarter excepting from said easement the west 33.00 feet of said Southwest Quarter of the Southwest Quarter.
Temporary Easement - 450 square feet
A temporary easement for highway purposes over the south 15.00 feet of the west 108.00 feet of the Southwest Quarter of the Southwest Quarter of Section 29, Township 115 North, Range 19 West, Dakota County, Minnesota, excepting from said easement the west 78.00 feet of said Southwest Quarter of the Southwest Quarter.
Parcel 8- Vermillion State Bank- 34-71150-04-010
Highway Easement - 209 square feet
A permanent easement for highway purposes over the north 5.00 feet of the west 41.70 feet of Lot 1, Block 4, South Rose Park Addition Replat, according to the recorded plat thereof, Dakota County, Minnesota.
Temporary Easement - 216 square feet
A temporary easement for highway purposes over the south 8.00 feet of the north 13.00 feet of the west 27.00 feet of Lot 1, Block 4, South Rose Park Addition Replat, according to the recorded plat thereof, Dakota County, Minnesota.
Parcel 9- Archland Property I, LLC, a Delaware limited liability company - 34-71175-01-010
Highway Easement - 827 square feet.
A permanent easement for highway purposes over part of Lot 1, Block 1, South Rose Park 2nd Addition, according to the recorded plat thereof, Dakota County, Minnesota, said easement lies easterly and northerly of the following described line:
Commencing at the northwest corner of said Lot 1; thence North 89 degrees 07 minutes 16 seconds East assumed bearing along the north line of said Lot 1 a distance of 79.87 feet to the point of beginning of the line to be described; thence South 00 degrees 52 minutes 44 seconds East a distance of 14.00 feet; thence North 89 degrees 07 minutes 16 seconds East a distance of 46.00 feet; thence southerly a distance of 31.30 feet along a non-tangential curve concave to the west having a radius of 925.88 feet and a central angle of 01 degrees 56 minutes 14 seconds, the chord of said curve bears South 01 degrees 05 minutes 57 seconds West; thence South 88 degrees 12 minutes 14 seconds East not-tangent to said curve a distance of 4.00 feet to the east line of said Lot 1 and said line there terminating.
Temporary Easement - 311 square feet
A temporary easement for highway purposes over part of Lot 1, Block 1, South Rose Park 2nd Addition, according to the recorded plat thereof, Dakota County, Minnesota, said easement lies easterly and northerly of the following described line:
Commencing at the northwest corner of said Lot 1; thence North 89 degrees 07 minutes 16 seconds East assumed bearing along the north line of said Lot 1 a distance of 179.87 feet to the point of beginning of the line to be described; thence South 00 degrees 52 minutes 44 seconds East a distance of 14.00 feet; thence North 89 degrees 07 minutes 16 seconds East a distance of 36.00 feet; thence southerly a distance of 30.84 feet along a non-tangential curve concave to the west having a radius of 915.88 feet and a central angle of 01 degrees 55 minutes 45 seconds, the chord of said curve bears South 01 degrees 06 minutes 22 seconds West; thence South 88 degrees 12 minutes 14 seconds East not-tangent to said curve a distance of 14.00 feet to the east line of said Lot 1 and said line there terminating, excepting from said temporary easement that part taken as permanent highway easement as part of this same project.
Parcel 10- BK Props LLC- 34-64630-01-030
Highway Easement - 285 square feet.
A permanent easement for highway purposes over that part of Lot 3, Block 1, Rosemount Market Square, according to the recorded plat thereof, Dakota County, Minnesota described as follows:
Beginning at the northeast corner of said Lot 3, thence South 38 degrees 04 minutes 32 seconds East assumed bearing along the northeast line of said Lot 3 a distance of 6.28 feet; thence South 89 degrees 07 minutes 16 seconds West a distance of 58.79 feet; thence North 00 degrees 50 minutes 30 seconds West a distance of 5.00 feet to the north line of said Lot 3; thence North 89 degrees 07 minutes 16 seconds East along said north line a distance of 55.00 feet to the point of beginning.
Temporary Easement - 304 square feet
A temporary easement for highway purposes over that part of Lot 3, Block 1, Rosemount Market Square, according to the recorded plat thereof, Dakota County, Minnesota described as follows:
Commencing at the northeast corner of said Lot 3, thence South 38 degrees 04 minutes 32 seconds East assumed bearing along the northeast line of said Lot 3 a distance of 6.28 feet to the point of beginning; thence continuing South 38 degrees 04 minutes 32 seconds East along said northeast line a distance of 6.28 feet; thence South 89 degrees 07 minutes 16 seconds West a distance of 62.59 feet; thence North 00 degrees 50 minutes 30 seconds West a distance of 5.00 feet; thence North 89 degrees 07 minutes 16 seconds East a distance of 58.79 feet to the point of beginning.
Parcel 11- Holiday Stationstores LLC- 34-71150-01-012
Highway Easement - 1,071 square feet
A permanent easement for highway purposes over the north 22.00 feet of the west 45.00 feet together with the west 10.00 feet of the south 8.00 feet of the north 30.00 feet of Lot 1, Block 1, South Rose Park Addition Replat, according to the recorded plat thereof, Dakota County.
Temporary Easement - 746 square feet
A temporary easement for highway purposes over the north 27.00 feet of the west 60.00 feet together with the west 15.00 feet of the south 13.00 feet of the north 40.00 feet of Lot 1, Block 1, South Rose Park Addition Replat, according to the recorded plat thereof, Dakota County excepting from said temporary easement that part taken as permanent highway easement as part of this same project.
Parcel 14- Asbury Glen Association, a Minnesota corporation- Common area: Lot 50, Block 4 Wensmann 6th Addition
Highway Easement - 949 square feet
A permanent easement for highway purposes over that part of Lot 50, Block 4, Wensmann Sixth Addition, according to the recorded plat thereof, Dakota County, Minnesota described as follows:
Beginning at the northeast corner of said Lot 50, Block 4, Wensmann Sixth Addition; thence South 00 degrees 08 minutes 37 seconds West assumed bearing along the east line of said Lot 50 a distance of 40.00 feet; thence North 89 degrees 51 minutes 23 seconds West a distance of 10.00 feet; thence North 00 degrees 08 minutes 37 seconds East a distance of 29.99 feet; thence North 89 degrees 55 minutes 37 seconds West a distance of 54.99 feet; thence North 00 degrees 04 minutes 23 seconds East a distance of 10.00 feet to the north line of said Lot 50; thence South 89 degrees 55 minutes 37 seconds East along said north line of Lot 50 a distance of 65.00 feet to the point of beginning.
Temporary Easement - 524 square feet.
Beginning at the northeast corner of said Lot 50, Block 4, Wensmann Sixth Addition; thence South 00 degrees 08 minutes 37 seconds West assumed bearing along the east line of said Lot 50 a distance of 40.00 feet; thence North 89 degrees 51 minutes 23 seconds West a distance of 20.00 feet;
thence North 00 degrees 08 minutes 37 seconds East a distance of 24.98 feet; thence North 89 degrees 55 minutes 37 seconds West a distance of 44.98 feet; thence North 00 degrees 04 minutes 23 seconds East a distance of 15.00 feet to the north line of said Lot 50; thence South 89 degrees 55 minutes 37 seconds East along said north line of Lot 50 a distance of 65.00 feet to the point of beginning, excepting from said temporary easement that part taken as permanent highway easement as part of this same project.
Parcel 15- Everleigh Park Townhomes- Common area of Lot 52, Block 1, Wensmann 8th Addition
Permanent Easement - 1,036 square feet
A permanent easement for highway purposes over that part of Lot 52, Block 1, Wensmann Eighth Addition, according to the recorded plat thereof, Dakota County, Minnesota said easement lies northerly of the following described line:
Commencing at the most northeast corner of said Lot 52, Block 1, Wensmann Eighth Addition; thence South 12 degrees 17 minutes 26 seconds West assumed bearing along the easterly line of said Lot 52 a distance of 15.02 feet to the point of beginning of the line to be described; thence North 81 degrees 53 minutes 24 seconds West a distance of 74.93 feet to the west line of said Lot 52 and said line there terminating.
Temporary Easement - 385 square feet
A 5.00-foot-wide temporary easement for highway purposes over that part of Lot 52, Block 1, Wensmann Eighth Addition, according to the recorded plat thereof, Dakota County, Minnesota said easement lies southerly and contiguous to the following described line:
Commencing at the most northeast corner of said Lot 52, Block 1, Wensmann Eighth Addition; thence South 12 degrees 17 minutes 26 seconds West assumed bearing along the easterly line of said Lot 52 a distance of 15.02 feet to the point of beginning of the line to be described; thence North 81 degrees 53 minutes 24 seconds West a distance of 74.93 feet to the west line of said Lot 52 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 42-173 to allow a spring 2027 construction 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
26-039; 1/15/26
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