DEPARTMENT: Parks
FILE TYPE: Consent Action
TITLE
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Approval Of Right Of Way Acquisition And Authorization To Initiate Quick-Take Condemnation For Trail Reconstruction Of Lebanon Hills Greenway In City Of Eagan, County Project 98-054 (2000454)
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RESOLUTION
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WHEREAS, to provide a safe and efficient regional greenway transportation system, Dakota County is proceeding with the Lebanon Hills Greenway County Project 98-054; and
WHEREAS, County Project 98-054, will entail the reconstruction of about two miles of an existing City of Eagan trail that parallels Dodd Road, which will be upgraded to Dakota County Greenway standards and become the new Lebanon Hills Greenway alignment; and
WHEREAS, Dakota County is the lead agency for design, construction administration, and right of way acquisition necessary in 2026 for construction to begin 2027; and
WHEREAS, the acquisition of permanent and temporary construction easements from 20 private property parcels are necessary; and
WHEREAS, the acquisition of the following parcels is necessary to move forward with the project:
Parcel 5 Ryan L. Schuldt 10-76815-01-210
Legal description of permanent easement to be required for greenway purposes, subject to existing easements and right-of-way of record:
A permanent easement for greenway purposes over, under, and across the northerly 5.00 feet of Lot 21, Block 1, Tipperary, according to the recorded plat thereof, Dakota County, Minnesota
Said permanent easement area contains approximately 442 square feet
Parcel 7 Bruce D. Kent and Karla M. Kent 10-53400-01-220
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for construction purposes over, under, and across the westerly 5.00 feet of Lot 22, Block 1, Oak Bluffs, according to the recorded plat thereof, Dakota County, Minnesota.
Said Temporary Easement areas contain approximately 835 square feet
Parcel 8 City of Eagan 10-24850-01-10
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for construction purposes over, under, and across that part of Lot 1, Block 1, Eveland Addition, according to the recorded plat thereof, Dakota County, Minnesota, described as follows:
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for construction purposes over, under, and across that part of Lot 1, Block 1, Eveland Addition, according to the recorded plat thereof, Dakota County, Minnesota, described as follows:
Beginning at the southwest corner of said Lot 1; thence South 89 degrees 57 minutes 00 seconds East, assumed bearing along the south line of said Lot 1 a distance of 20.07 feet; thence North 04 degrees 39 minutes 50 seconds West a distance of 120.00 feet; thence South 85 degrees 20 minutes 10 seconds West a distance of 20.00 feet to the west line of said Lot 1; thence South 04 degrees 39 minutes 50 seconds East along said west line a distance of 118.35 feet to said southwest corner and the point of beginning.
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Beginning at the northwest corner of said Lot 1; thence South 87 degrees 50 minutes 14 seconds East, assumed bearing along the north line of said Lot 1 a distance of 12.09 feet; thence South 04 degrees 39 minutes 50 seconds East a distance of 56.00 feet; thence South 85 degrees 20 minutes 10 seconds West a distance of 12.00 feet to the west line of said Lot 1; thence North 04 degrees 39 minutes 50 seconds West along said west line a distance of 57.44 feet to said northwest corner and the point of beginning.
Said Temporary Easement areas contain approximately 3,065 square feet
Parcel 9 Dean B. Gisselman and Laurie Light 10-24850-01-020
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for construction purposes over, under, and across that part of Lot 2, Block 1, Eveland Addition, according to the recorded plat thereof, Dakota County, Minnesota, described as follows:
Beginning at the northwest corner of said Lot 2; thence South 89 degrees 57 minutes 00 seconds East, assumed bearing along the north line of said Lot 2 a distance of 8.03 feet; thence South 04 degrees 39 minutes 49 seconds East a distance of 14.34 feet; thence North 85 degrees 20 minutes 11 seconds East a distance of 26.00 feet; thence South 04 degrees 39 minutes 49 seconds East a distance of 48.00 feet; thence South 85 degrees 20 minutes 11 seconds West a distance of 26.00 feet; thence South 04 degrees 39 minutes 49 seconds East a distance of 25.96 feet; thence South 89 degrees 57 minutes 00 seconds East a distance of 29.10 feet; thence South 04 degrees 39 minutes 49 seconds East a distance of 5.02 feet to the south line of said Lot 2; thence North 89 degrees 57 minutes 00 seconds West along said south line a distance of 37.13 feet to the southwest corner of said Lot 2; thence North 04 degrees 39 minutes 49 seconds West along the west line of said Lot 2 a distance of 93.31 feet to said northwest corner and the point of beginning.
Said temporary easement contains approximately 2,140 square feet.
Parcel 10 James N. Buck and Laura Buck 10-24850-01-030
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for construction purposes over, under, and across the west 10.00 feet of Lot 3, Block 1, Eveland Addition, according to the recorded plat thereof, Dakota County, Minnesota, together with the east 27.00 feet of the west 37.00 feet of the north 24.00 feet of said Lot 3.
Said Temporary Easement area contains approximately 1,587 square feet.
Parcel 11 Donald J. Pawlenty and Donald J. Pawlenty 10-02500-25-024
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for construction purposes over, under, and across the easterly 5.00 feet of the westerly 45.00 feet of the following described property:
All that part of the North Half of the Northwest Quarter of Section 25, Township 27 North, Range 23 West, lying Easterly of the centerline of Dodd Road, as now established, excepting there from the Northerly 515.00 feet, according to the Government Survey Thereof.
Said Temporary Easement area contains approximately 4,546 square feet
Parcel 12 Independent School District No. 196 10-72550-01-010
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for greenway purposes over, under, and across that part of Lot 1, Block 1, Sterns Addition, according to the recorded plat thereof, Dakota County, Minnesota, lying westerly of the following described line:
Commencing at the southwest corner of said Lot 1; thence South 78 degrees 09 minutes 48 seconds East, assumed bearing along the south line of said Lot 1 a distance of 6.57 feet to the point of beginning; thence North 07 degrees 40 minutes 24 seconds East a distance of 94.07 feet; thence North 10 degrees 42 minutes 40 seconds East a distance of 157.36 feet; thence 63.47 feet along a non-tangential curve concave to the west, having a radius of 4010.85 feet, a central angle of 00 degrees 54 minutes 24 seconds, and a chord that bears North 06 degrees 10 minutes 09 seconds East; thence North 02 degrees 03 minutes 42 seconds West, not tangent to said curve a distance of 38.27 feet; thence North 05 degrees 04 minutes 53 seconds East a distance of 12.93 feet; thence North 04 degrees 48 minutes 25 seconds East a distance of 25.35 feet; North 04 degrees 29 minutes 12 seconds East a distance of 91.16 feet to the north line of said Lot 1 and said line there terminating.
Excepting therefrom the west 5.00 feet of said Lot 1.
Said Temporary Easement area contains approximately 2,738 square feet
Legal description of permanent easement to be acquired for greenway purposes, subject to existing easements and rights-of-way of record:
A permanent easement for greenway purposes over, under, and across the west 5.00 feet of Lot 1, Block 1, Sterns Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Said Permanent Easement area contains approximately 2,408 square feet
Parcel 13 Cynthia Scott and Roosevelt Scott 10-67620-01-070
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for construction purposes over, under, and across the west 5.00 feet of Lot 7, Block 1, Schramm Meadows, according to the recorded plat thereof, Dakota County, Minnesota.
Said Temporary Easement area contains approximately 946 square feet
Parcel 14 Nicole Fischer Peterson and Aaron Walter Peterson 10-67620-01-010
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for construction purposes over, under, and across the west 4.00 feet of Lot 1, Block 1, Schramm Meadows, according to the recorded plat thereof, Dakota County, Minnesota.
Said Temporary Easement area contains approximately 786 square feet
Parcel 15 Kraig M. Johnson and Denise C. P. Johnson 10-12303-01-010
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for construction purposes over, under, and across the west 4.00 feet of Lot 1, Block 1, Autumn Ridge Fourth Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Said Temporary Easement area contains approximately 608 square feet
Parcel 16 Anthony L. Merrill and Paula L. Merrill 10-12303-02-010
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for construction purposes over, under, and across the west 14.00 feet of Lot 1, Block 2, Autumn Ridge Fourth Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Said Temporary Easement area contains approximately 1,983 square feet.
Parcel 18 Pete K. Stigman and Jill M. Stigman 10-56790-01-010
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for construction purposes over, under, and across the northwesterly 16.00 feet of Lot 1, Block 1, Patrick Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Said Temporary Easement area contains approximately 4,007 square feet
Parcel 19 Ryan K. Linderman and Alison C. Linderman 10-56790-01-080
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for construction purposes over, under, and across the northwesterly 20.00 feet of Lot 8, Block 1, Patrick Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Said Temporary Easement area contains approximately 4,462 square feet.
Parcel 20 Hugh Cherne and Lori Cherne 10-56151-04-010
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for construction purposes over, under, and across the west 15.00 feet of Lot 1, Block 4, Overhill Farm Second Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Said Temporary Easement area contains approximately 2,705 square feet
Parcel 21 Libra Deadwood LLC 10-56151-02-070
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for construction purposes over, under, and across the west 6.00 feet of Lot 7, Block 2, Overhill Farm Second Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Said Temporary Easement area contains approximately 919 square feet
Parcel 22 Alyssa M. Erickson, Blake A. Winiecki, Anthony James Winiecki, and Lori Michele Winiecki 10-56151-02-050
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for construction purposes over, under, and across the westerly 4.00 feet of Lot 5, Block 2, Overhill Farm Second Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Said Temporary Easement area contains approximately 500 square feet
Parcel 24 Dwan D. Becker Fairbanks 10-56151-02-030
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for construction purposes over, under, and across the southwesterly 5.00 feet of Lot 3, Block 2, Overhill Farm Second Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Said Temporary Easement area contains approximately 651 square feet
Parcel 25 Richard L. Patraw and Michelle Patraw 10-56151-02-020
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for construction purposes over, under, and across the southwesterly 5.00 feet of Lot 2, Block 2, Overhill Farm Second Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Said Temporary Easement area contains approximately 578 square feet
Parcel 26 Robert J. Johnson and Nancy A. Johnson 10-56151-02-010
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for construction purposes over, under, and across the southwesterly 8.00 feet of Lot 1, Block 2, Overhill Farm Second Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Said Temporary Easement area contains approximately 800 square feet
Parcel 27 Jeffery Dieltz 10-56150-02-010
Legal description of temporary easement to be acquired for construction purposes, subject to existing easements and rights-of-way of record:
A temporary easement for construction purposes over, under, and across the southwesterly 2.00 feet of Lot 1, Block 2, Overhill Farm First Addition, according to the recorded plat thereof, Dakota County, Minnesota.
Said Temporary Easement area contains approximately 349 square feet
WHEREAS, the parcels have been appraised, and offers are prepared for a total certified appraised value of $311,200; 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 the project schedule to stay on track; and
WHEREAS, parcels that have settled through negotiation prior to the date required for filing the condemnation petition will not be included.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the appraised value prepared by Valbridge Property Advisors for the acquisition of the right of way for County Project 98-054 and authorizes County staff in its discretion to share the appraisal data with the respective landowners, including all or portions of the completed appraisals as part of the negotiations process; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby approves the acquisition of right of way for County Project 98-054 at the approved appraised value and, in accordance with County policy, authorizes payment from the available 2026 Parks Capital Improvement Program Budget; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Manager or delegate to execute agreements with the respective owners to acquire easements on their property, subject to approval by the County Attorney’s Office
as to form; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioner hereby authorizes the County Attorney’s Office to initiate quick-take condemnation of the remaining parcels to allow the project schedule to remain on track in the event that timely acquisitions by direct negotiations of all parcels do not appear possible.
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BACKGROUND
To provide a safe and efficient greenway system, Dakota County is proceeding with the Lebanon Hills Greenway Dodd Road segment, which will include the design and construction of about .25 miles of new trail connecting the Lebanon Hills Visitor Center to existing trails along Cliff Road (County State Aid Highway [CSAH] 32). The project will also include the final design and reconstruction of roughly two miles of an existing City of Eagan trail that parallels Dodd Road, which will be upgraded to Dakota County Greenway standards and become the new Lebanon Hills Greenway alignment.
By Resolution No. 21-497 (October 12, 2021), the County Board authorized the implementation of preliminary planning and design work for the continued development of the Dakota County Greenway System in the 2022-2026 Parks Capital Improvement Program by advancing design for the Lake Marion, River to River, Mendota-Lebanon Hills (now Lebanon Hills), and Vermillion River greenway corridors.
By Resolution No. 22-140 (March 22, 2022), the County Board authorized the execution of a preliminary design contract to develop trail alternatives and a 30% preliminary design for the Lebanon Hills Greenway from Cliff Road (CSAH 32) in Eagan to Trunk Highway (TH) 55 in Inver Grove Heights.
During the design phase, professional engineering services by KLJ have identified right of way acquisition needs, including temporary and permanent easements, as well as drainage and utility easements along the corridor. A total of 20 parcels have been identified from which right of way will be acquired by the County. Acquisition of right of way from the identified 20 parcels is recommended to advance County Project 98-054. Staff is proposing the acquisition of two permanent highway easements, as well as temporary easements from these identified parcels. One permanent easement is from Independent School District 196 along their open field space and the other is a small five-foot strip of easement from the rear of a residential property that backs up to Wescott Rd in Eagan. The property’s usable rear yard is fenced off sixty five-feet away from the easement so they will not lose any yard space as a result of the easement. That property owner has met with County staff and is supportive of the trail project. Both Dodd Rd and Wescott Rd are city streets so the permanent easements being acquired are highway easement to better match the right of way along the rest of the corridor.
Appraisals were completed by Valbridge Property Advisors for all parcels. The total appraised value of these parcels is $311,200. Detailed information about the appraisals has been provided to the County Board in a confidential spreadsheet since the appraisals are classified as confidential data pursuant to Minn. Stat.§ 3.44, subd. 3.
As a corridor project, it is important that all acquisitions are completed on a similar timeline. This is so temporary easement time periods match up for the whole project and so funding authorization can be completed. 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 a 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 that the County Board authorize the right of way acquisition for CP 98-054 and for the County Attorney’s Office to initiate a quick-take condemnation of the remaining parcels should settlements not be reached with all affected parcels. Efforts will be made to negotiate agreeable settlements before and after the start of the condemnation process.
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FINANCIAL AND STAFFING IMPACTS
Currently, there are available funds from the Allocated Parks Sales and Use Tax in the approved 2026 Parks Capital Improvement Program budget for these acquisitions.
Project 2000454 Lebanon Hills Greenway - Lebanon Hills Regional Park to Dodd Rd (TH149)
|
Funding Source |
Total Approved Budget |
Total Available Budget |
|
Transportation Advance Account |
$1,116,017 |
$992,570 |
|
Transportation CSAH |
$7,875 |
$7,875 |
|
Sales and Use Tax |
$1,231,372 |
$893,502 |
|
Total |
$2,355,264 |
$1,893,947 |
PREVIOUS BOARD ACTION
21-497; 10/19/21
22-140; 11/22/22
ATTACHMENTS
Attachment: Project Location Map
CONTACT
Department Director: Niki Geisler
Author: Mike Adams