DEPARTMENT: Parks, Facilities, and Fleet Management
FILE TYPE: Consent Action
TITLE
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Authorization To Execute Encroachment Agreement With Metropolitan Council For North Creek Greenway Lakeville-Farmington, County Parks Project P00146
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PURPOSE/ACTION REQUESTED
Authorize an encroachment agreement with Metropolitan Council for the encroachment of a public sanitary sewer utilities easement for trail bridge structure construction for County Project (CP) P00146 in Lakeville.
SUMMARY
Dakota County is proceeding with construction of the North Creek Greenway Lakeville-Farmington project (Attachment: Location Map). County Project P00146 is the final design and construction of a 2.2-mile segment of the North Creek Greenway in Lakeville and Farmington, including new and reconstructed multi-use trail and two new trail bridges over North Creek and adjacent tributaries and wetlands.
One of the North Creek Greenway Lakeville-Farmington bridges and the placement of one of the bridge piers is partially in a Met Council sanitary sewer easement. This is something that came up as an unforeseen site condition, which the project team (SRF, the County, Met Council, and the contractor) had to act quickly on in order to keep the bridge contractor on site and on schedule and to avoid incurring substantial costs and delays to the project.
Met Council staff were amenable to our plans for mitigating risk to their infrastructure during construction and provided written notice to proceed with the pier work. Met Council staff were also not concerned with the permanent condition as the permanent encroachment is relatively small, and they were aware of the original intent for a trail bridge structure crossing over the top of the easement and sanitary sewer main at this location.
The formal document (Attachment: Encroachment Agreement) is required to record the permanent encroachment of the pier into the easement. The project does not require relocation or adjustment of any utilities.
Encroachment Agreement:
The basic terms of the proposed encroachment agreement with Metropolitan Council for CP P00146 include:
• Approve the encroachment of improvements on P00146 within the existing Metropolitan Council easement.
• Approve the construction details proposed by the County, such as bridge pier and trail construction.
• Describe the insurance coverage the County shall procure or cause its contractors to procure during construction.
• Indemnify and hold harmless Metropolitan Council and other listed parties against any and all claims/liabilities arising from the project.
RECOMMENDATION
recommendation
Staff recommends execution of an encroachment agreement with the Metropolitan Council, identifying the responsibilities of the County associated with the encroachment of P00146 on the sanitary sewer line easement to proceed with CP P00146.
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EXPLANATION OF FISCAL/FTE IMPACTS
☒ 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 and the City of Farmington are proceeding with County Project (CP) P00146; and
WHEREAS, CP P00146 is the final design and construction of the North Creek Greenway from 173rd Street East in Lakeville and 189th Street East in Farmington; and
WHEREAS, Dakota County is the lead agency for CP P00146; and
WHEREAS, portions of the trail and bridge construction cross Metropolitan Council’s existing sanitary sewer line easement that runs adjacent to the North Creek Greenway; and
WHEREAS, Metropolitan Council’s sanitary line is within their own easement at the bridge crossing location of North Creek; therefore, an encroachment agreement is needed to complete the CP P00146 work within the easement; and
WHEREAS, to proceed with the project, Metropolitan Council is requesting that Dakota County execute an encroachment agreement to identify responsibilities and approved encroachments associated with CP P00146 crossing the Metropolitan Council easement; and
WHEREAS, staff recommends execution of an encroachment agreement with the Metropolitan Council identifying the responsibilities of the County and Metropolitan Council associated with the encroachment of CP P00146 on the sanitary sewer line easement.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to execute an encroachment agreement with the Metropolitan Council for the portion of the North Creek Greenway within the Metropolitan Council’s sanitary sewer line easement, subject to approval by the County Attorney’s Office as to form.
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PREVIOUS BOARD ACTION
21-153; 11/2/21
22-562; 12/13/22
23-326; 07/18/23
ATTACHMENTS
Attachment: Project Location Map
Attachment: Encroachment Agreement
BOARD GOALS
☒ A Great Place to Live ☐ A Healthy Environment
☐ A Successful Place for Business and Jobs ☐ Excellence in Public Service
CONTACT
Department Head: Taud Hoopingarner
Author: Tony Wotzka