DEPARTMENT: Parks
FILE TYPE: Consent Action
TITLE
title
Authorization To Execute Easement Amendments And Agreements With Northern States Power Co. For Harry Avenue And Mills Town State Trail Realignment In Lake Byllesby Regional Park, County Project 2000458
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PURPOSE/ACTION REQUESTED
Authorize Dakota County Board chair to execute easements and acceptance of the donation from Northern States Power Co. (NSP). Authorize amendment one to an existing trail easement and second amendment to a driveway easement. Execute a fence and gate easement, authorize temporary construction easements, and convey an access road easement all with NSP for County Project 2000458, Harry Avenue and Mills Town State Trail Realignment.
SUMMARY
Dakota County Parks is realigning Harry Avenue and Mills Town State Trail for safety enhancements within Lake Byllesby Regional Park. To construct the project, it is necessary for Dakota County to amend its current trail easement agreement, including temporary construction easements (Attachment: Amendment to Trail Easement), authorize an access road easement (Attachment: Access Road Easement), and a second amendment to a driveway easement (Attachment: Second Amendment to Driveway Easement), and authorize a fence and gate easement (Attachment: Fence and Gate Easement), all with NSP.
NSP owns a parcel with a substation and a parcel with a driveway that are both adjacent to and share access with the Byllesby Dam within Lake Byllesby Regional Park. Additionally, a Dakota County driveway connected to Harry Avenue and the Mills Town State Trail currently travels through the parcels. On the opposite side of the two parcels is the Byllesby Dam. The trail easement amendment will accommodate the relocation of the State Trail on Xcel’s property along with temporary construction easements. The access road easement is to accommodate existing NSP underground facilities on Dakota County property and an access point to the substation. The second amendment to the driveway easement amendment will accommodate Dakota County’s driveway on NSP to update its legal description. The fence and gate agreement is necessary for Dakota County to have a fence protecting dam access legally required by the Federal Energy Regulatory Commission on NSP property.
RECOMMENDATION
recommendation
Staff recommends authorization to convey and receive easements necessary with NSP to accommodate the Harry Avenue and Mills Town State Trail realignment.
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EXPLANATION OF FISCAL/FTE IMPACTS
There will be no financial impact to Dakota County due to the easements being donated between the two parties.
☒ None ☐ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, the Harry Avenue and Mills Town State Trail realignment is being constructed to enhance safety for road and trail users; and
WHEREAS, Northern States Power Co. (NSP) owns a parcel on Harry Avenue, and the Mills Town Trail overlaps with it; and
WHEREAS, temporary easements are required to accommodate construction; and
WHEREAS, permanent trail easements are required for the trail facilities being constructed on NSP property:
A 30.00 foot wide perpetual easement for trail purposes over, under and across the following described subject property:
That part of the Northeast Quarter of Section 14 and that part of the Northwest Quarter of Section
13 all in Township 112 North, Range 18 West, Dakota County, Minnesota, described as follows:
Beginning at a point on the north line of said Northeast Quarter of Section 14 a distance of 225 feet west from the northeast corner of said Northeast Quarter of Section 14; thence east along said north line a distance of 225 feet to said northeast corner; thence southerly deflecting at an angle to the right of 89 degrees 20 minutes and on the east line of said Northeast Quarter of Section 14 a distance of 564.62 feet; thence easterly deflecting at an angle to the left of 90 degrees a distance of 110 feet; thence southerly deflecting at an angle to the right of 90 degrees a distance of 391.6 feet; thence westerly deflecting at an angle to the right of 90 degrees a distance of 150 feet; thence northwesterly deflecting at an angle to the right of 8 degrees 56 minutes a distance of 36.03 feet; thence northwesterly deflecting at an angle to the right of 13 degrees 41 minutes 20 seconds a distance of 91.14 feet; thence northerly deflecting at an angle to the right of 67 degrees 08 minutes 40 seconds a distance of 350.95 feet; thence northwesterly deflecting at an angle to the left of 28 degrees 20 minutes a distance of 133.49 feet to the intersection with a line drawn southerly from the point of beginning and parallel with the east line of said Northeast Quarter of Section 14; thence northerly on said parallel line a distance of 450 feet to the point of beginning.
The centerline of said trail easement is described as follows: Commencing at the northeast corner of said Northeast Quarter of Section 14; thence South 00 degrees 25 minutes 29 seconds East assumed bearing along the east line of said Northeast Quarter a distance of 564.62 feet; thence easterly deflecting at an angle to the left of 90 degrees along the boundary of said subject property a distance of 110 feet; thence southerly deflecting at an angle to the right of 90 degrees along the boundary of said subject property a distance of 187.76 feet to the point of beginning of the centerline to be described; thence northwesterly a distance of 32.90 feet along a non-tangential curve concave to the northeast having a radius of 112.00 feet and a central angle of 16 degrees 49 minutes 53 seconds, the chord of said curve bears North 38 degrees 19 minutes 03 seconds West; thence North 29 degrees 54 minutes 06 seconds West tangent to said curve a distance of 64.92 feet; thence northwesterly a distance of 53.56 feet along a tangential curve concave to the southwest having a radius of 100.00 feet and a central angle of 30 degrees 41 minutes 06 seconds; thence North 60 degrees 35 minutes 13 seconds West tangent to said curve a distance of 64.79 feet; thence northwesterly a distance of 75.98 feet along a tangential curve concave to the northeast having a radius of 100.00 feet and a central angle of 43 degrees 32 minutes 06 seconds; thence North 17 degrees 03 minutes 07 seconds West tangent to said curve a distance of 21.34 feet; thence northwesterly a distance of 175.00 feet along a tangential curve concave to the southwest having a radius of 116.50 feet and a central angle of 86 degrees 04 minutes 03 seconds to the west boundary of said subject property and said centerline there terminating.
AND
A 30.00-foot perpetual easement for trail purposes over, under and across the following described property:
That part of the Northeast Quarter of Section 14 and that part of the Northwest Quarter of Section
13 all in Township 112 North, Range 18 West, Dakota County, Minnesota, described as follows:
Beginning at a point on the north line of said Northeast Quarter of Section 14 a distance of 225 feet west from the northeast corner of said Northeast Quarter of Section 14; thence east along said north line a distance of 225 feet to said northeast corner; thence southerly deflecting at an angle to the right of 89 degrees 20 minutes and on the east line of said Northeast Quarter of Section 14 a distance of 564.62 feet; thence easterly deflecting at an angle to the left of 90 degrees a distance of 110 feet; thence southerly deflecting at an angle to the right of 90 degrees a distance of 391.6 feet; thence westerly deflecting at an angle to the right of 90 degrees a distance of 150 feet; thence northwesterly deflecting at an angle to the right of 8 degrees 56 minutes a distance of 36.03 feet; thence northwesterly deflecting at an angle to the right of 13 degrees 41 minutes 20 seconds a distance of 91.14 feet; thence northerly deflecting at an angle to the right of 67 degrees 08 minutes 40 seconds a distance of 350.95 feet; thence northwesterly deflecting at an angle to the left of 28 degrees 20 minutes a distance of 133.49 feet to the intersection with a line drawn southerly from the point of beginning and parallel with the east line of said Northeast Quarter of Section 14; thence northerly on said parallel line a distance of 450 feet to the point of beginning.
The centerline of said trail easement is described as follows: Commencing at the northeast corner of said Northeast Quarter of Section 14; thence North 89 degrees 44 minutes 39 seconds West, assumed bearing along the north line of said Northeast Quarter, a distance of 29.37 feet to the point of beginning of the centerline to be described; thence South 69 degrees 35 minutes 07 seconds West a distance of 37.80 feet; thence southwesterly a distance of 78.58 feet along a tangential curve concave to the northwest having a radius of 300.00 feet and a central angle of 15 degrees 00 minutes 25 seconds; thence South 84 degrees 35 minutes 31 seconds West tangent to said curve a distance of 83.91 feet to the west line of the above described property and said centerline there terminating.
; and
WHEREAS, a permanent expanded driveway easement is necessary for the relocation of Harry Avenue and the water access driveway when on NSP property:
A 24.00-foot-wide perpetual access easement over, under and across the following described subject property:
That part of the Northeast Quarter of Section 14 and that part of the Northwest Quarter of Section 13 all in Township 112 North, Range 18 West, Dakota County, Minnesota, described as follows:
Beginning at a point on the north line of said Northeast Quarter of Section 14 a distance of 225 feet west from the northeast corner of said Northeast Quarter of Section 14; thence east along said north line a distance of 225 feet to said northeast corner; thence southerly deflecting at an angle to the right of 89 degrees 20 minutes and on the east line of said Northeast Quarter of Section 14 a distance of 564.62 feet; thence easterly deflecting at an angle to the left of 90 degrees a distance of 110 feet; thence southerly deflecting at an angle to the right of 90 degrees a distance of 391.6 feet; thence westerly deflecting at an angle to the right of 90 degrees a distance of 150 feet; thence northwesterly deflecting at an angle to the right of 8 degrees 56 minutes a distance of 36.03 feet; thence northwesterly deflecting at an angle to the right of 13 degrees 41 minutes 20 seconds a distance of 91.14 feet; thence northerly deflecting at an angle to the right of 67 degrees 08 minutes 40 seconds a distance of 350.95 feet; thence northwesterly deflecting at an angle to the left of 28 degrees 20 minutes a distance of 133.49 feet to the intersection with a line drawn southerly from the point of beginning and parallel with the east line of said Northeast Quarter of Section 14; thence northerly on said parallel line a distance of 450 feet to the point of beginning.
The centerline of said access easement is described as follows:
Commencing at the northeast corner of said Northeast Quarter of Section 14; thence South 00 degrees 25 minutes 29 seconds East, assumed bearing along the east line of said Northeast Quarter a distance of 564.62 feet; thence easterly deflecting at an angle to the left of 90 degrees along the boundary of said subject property a distance of 34.51 feet to the point of beginning of the centerline to be described; thence South 23 degrees 15 minutes 26 seconds East a distance of 72.23 feet; thence southeasterly a distance of 68.51 feet along a tangential curve concave to the northeast having a radius of 400.00 feet and a central angle of 09 degrees 48 minutes 46 seconds; thence South 33 degrees 04 minutes 12 seconds East tangent to said curve a distance of 28.94 feet to the east boundary of said subject property and said centerline there terminating.
; and
WHEREAS, Dakota County staff access to the Byllesby dam is through a shared gate on NSP property; and
WHEREAS, the Federal Energy Regulatory Commission requires a fence to protect dam access, thus requiring a fence and gate easement to accommodate Dakota County’s fence on a shared driveway on NSP’s parcel:
A 10.00 foot wide strip of land over part of the following described subject property: That part of the Northeast Quarter of Section 14 and that part of the Northwest Quarter of Section 13 all in Township 112 North, Range 18 West, Dakota County, Minnesota, described as follows: Beginning at a point on the north line of said Northeast Quarter of Section 14 a distance of 225 feet west from the northeast corner of said Northeast Quarter of Section 14; thence east along said north line a distance of 225 feet to said northeast corner; thence southerly deflecting at an angle to the right of 89 degrees 20 minutes and on the east line of said Northeast Quarter of Section 14 a distance of 564.62 feet; thence easterly deflecting at an angle to the left of 90 degrees a distance of 110 feet; thence southerly deflecting at an angle to the right of 90 degrees a distance of 391.6 feet; thence westerly deflecting at an angle to the right of 90 degrees a distance of 150 feet; thence northwesterly deflecting at an angle to the right of 8 degrees 56 minutes a distance of 36.03 feet; thence northwesterly deflecting at an angle to the right of 13 degrees 41 minutes 20 seconds a distance of 91.14 feet; thence northerly deflecting at an angle to the right of 67 degrees 08 minutes 40 seconds a distance of 350.95 feet; thence northwesterly deflecting at an angle to the left of 28 degrees 20 minutes a distance of 133.49 feet to the intersection with a line drawn southerly from the point of beginning and parallel with the east line of said Northeast Quarter of Section 14; thence northerly on said parallel line a distance of 450 feet to the point of beginning.
Said 10.00 foot wide strip of land lies contiguous and northerly of the following described line: Commencing at the northeast corner of said Northeast Quarter of Section 14; thence South 00 degrees 25 minutes 29 seconds East, assumed bearing along the east line of said Northeast Quarter a distance of 564.62 feet; thence easterly deflecting at an angle to the left of 90 degrees along said subject property a distance of 110 feet; thence southerly deflecting at an angle to the right of 90 degrees along said subject property a distance of 290.13 feet to the point of beginning of the line to be described; thence South 89 degrees 34 minutes 31 seconds West a distance of 100.00 feet and said line there terminating.
; and
WHEREAS, Dakota County is conveying an access road easement to NSP on Dakota County property for their substation:
A 25.00-foot-wide perpetual access easement over part of the east 400 feet of the Northeast Quarter of the Northeast Quarter of Section 14, Township 112 North, Range 18 West, Dakota County, Minnesota, said easement lies contiguous to and westerly of Line A described as part of the following described parcel:
That part of the Northeast Quarter of Section 14 and that part of the Northwest Quarter of Section 13 all in Township 112 North, Range 18 West, Dakota County, Minnesota, described as follows: Beginning at a point on the north line of said Northeast Quarter of Section 14 a distance of 225 feet west from the northeast corner of said Northeast Quarter of Section 14; thence east along said north line a distance of 225 feet to said northeast corner; thence southerly deflecting at an angle to the right of 89 degrees 20 minutes and on the east line of said Northeast Quarter of Section 14 a distance of 564.62 feet; thence easterly deflecting at an angle to the left of 90 degrees a distance of 110 feet; thence southerly deflecting at an angle to the right of 90 degrees a distance of 391.6 feet; thence westerly deflecting at an angle to the right of 90 degrees a distance of 150 feet; thence northwesterly deflecting at an angle to the right of 8 degrees 56 minutes a distance of 36.03 feet; thence northwesterly deflecting at an angle to the right of 13 degrees 41 minutes 20 seconds a distance of 91.14 feet and the point of beginning of hereinbefore referenced Line A; thence northerly deflecting at an angle to the right of 67 degrees 08 minutes 40 seconds a distance of 350.95 feet and the point of termination of said Line A; thence northwesterly deflecting at an angle to the left of 28 degrees 20 minutes a distance of 133.49 feet to the intersection with a line drawn southerly from the point of beginning and parallel with the east line of said Northeast Quarter of Section 14; thence northerly on said parallel line a distance of 450 feet to the point of beginning
; and
WHEREAS, all aforementioned easements are being gifted and therefore incur no cost on either party.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby accepts the donation of the aforementioned easement agreements associated with the Harry Avenue and Mills Town State Trail Realignment; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners donates the access road easement to Northern States Power Co.; and
BE IT FUTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Board Chair to execute the easement agreements and amendments.
PREVIOUS BOARD ACTION
None.
ATTACHMENTS
Attachment: Site Map
Attachment: Amendment to Trail Easement
Attachment: Access Road Easement
Attachment: Second Amendment
Attachment: Fence and Gate Easement
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: Niki Geisler
Author: Michael Honer