DEPARTMENT: Parks
FILE TYPE: Consent Action
TITLE
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Authorization To Accept Donation Of Regional Greenway Trail Easement From Xcel Energy And Execute Encroachment Agreement With Xcel Energy For Veterans Memorial Greenway Phase II, County Project P00147
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PURPOSE/ACTION REQUESTED
Authorize acceptance of a donated 239,990 square-foot regional trail easements (Easements) from Xcel Energy and authorize a construction encroachment agreement for the encroachment of private utilities easements for greenway trail construction for County Project (CP) P00147 in Inver Grove Heights.
SUMMARY
To enrich lives by providing high-quality recreation and education opportunities in harmony with natural resource preservation and stewardship, Dakota County Parks is proceeding with the Veterans Memorial Greenway.
The Veterans Memorial Greenway is a proposed regional trail and open-space corridor that will provide a link between Lebanon Hills Regional Park and the Mississippi River in central Dakota County. The five-mile corridor stretches east and west within Eagan and Inver Grove Heights, which follows the adopted Rich Valley Greenway master plan corridor. The Veterans Memorial Greenway will provide neighborhood access points connecting single-family residential neighborhoods, local park connections, and rural and undeveloped open space (Attachment: Project Location).
A portion of the Greenway will be constructed over a 150’ Xcel Energy existing private utility easement within the City of Inver Grove Heights Southern Lakes Park and fee title property which requires a roughly 100’ new regional trail easement. Due to federal funding requirements, a framework for the encroachment agreement and new Easements must be in place prior to construction activities in the spring of 2025.
The proposed Easement is legally described in Attachment: Legal Description of Regional Trail Easement and generally depicted in Attachment: General Depiction of Regional Trail Easement on the Northern States Power Company property. Xcel Energy has been a very cooperative partner in this project, is willing to donate the Easements to the County, and supports the construction of a new regional greenway trail.
A donation plan (Donation Plan) has been adopted by the County in accordance with Policy 1570 Gift Acceptance by Resolution No. 24-101 (February 27, 2024). The donated value of trail easement being provided by Xcel to the County for the Veterans Memorial Greenway warrants a recognition and thank you letter, signed by the Board Chair and Commissioner of the district where the easement is located.
The formal document is required to record the permanent encroachment of the greenway trail into the easement. The project does not require relocation or adjustment of any utilities. See Attachment: General Depiction of Encroachment Area for the proposed location.
The basic terms of the proposed encroachment agreements with Xcel Energy for CP P00147 include:
• Approve the encroachment of improvements on P00147 within the existing Xcel Energy fee title and transmission facility easements.
• Approve the construction details proposed by the County, including greenway trail construction.
• Describe the insurance coverage the County shall procure or cause its contractors to procure during construction.
• Indemnify and hold harmless Xcel Energy and other listed parties against any and all claims/liabilities arising from the project.
RECOMMENDATION
recommendation
Staff recommends the acceptance of the Easements from Xcel Energy and the execution of an encroachment agreement with Xcel Energy that also identifies the responsibilities of the County associated with trail construction encroachment on their private utility line easement to proceed with CP P00147.
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EXPLANATION OF FISCAL/FTE IMPACTS
There is no cost to accept the donated Easements. There is adequate funding included in the 2024 Parks Capital Improvement Program budget to construct the new section of the Greenway trail.
☒ None ☐ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, by Resolution No. 17-493 (September 26, 2017), the Dakota County Board of Commissioners approved the Rich Valley Regional Greenway Master Plan, now known as the Veterans Memorial Greenway (Greenway) Master Plan since its 2020 renaming; and
WHEREAS, to provide a safe and efficient transportation system, Dakota County is proceeding with the Veterans Memorial Greenway County Project (CP) P00147; and
WHEREAS, the Veterans Memorial Greenway project is for preliminary and final engineering, railroad coordination, and public engagement services in the cities of Inver Grove Heights and Eagan; and
WHEREAS, the County is the lead agency for the Project; and
WHEREAS, the Greenway Master Plan identified the land within the existing Northern States Power Company and Southern Lakes Park, in Inver Grove Heights as the preferred alignment for various segments of the Greenway trail location; and
WHEREAS, for portions of the greenway, the trail construction will cross Xcel Energy existing private utility line easements that run within the City of Inver Grove Heights Southern Lakes Park; and
WHEREAS, Xcel Energy private utility line is within their own 150’ easement; therefore, an encroachment agreement is needed to complete the CP P00147 work within the easement; and
WHEREAS, to proceed with the project, Xcel Energy is requesting that Dakota County execute an encroachment agreement to identify responsibilities and approved encroachments associated with CP P00147 within the Xcel Energy utility easements; and
WHEREAS, Xcel Energy is supportive of granting an easement to the County and for the County to construct a new regional greenway trail on its property; and
WHEREAS, staff recommends the execution of an encroachment agreement with Xcel Energy identifying the responsibilities of the County and Xcel Energy associated with encroachment of CP P00147 on the private utility line easements.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to execute an encroachment agreement with Xcel Energy for the portion of the Veterans Memorial Greenway within Xcel Energy private utility line easement, subject to approval by the County Attorney’s Office as to form; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes acceptance of a 239,990 square-foot regional greenway trail easement corridor from Xcel Energy, on their Northern States Power Company property owned in fee for sections of the Veterans Memorial Greenway Regional Trail, approved as to form by the County Attorney’s Office; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners herby authorizes the Board Chair and District Commissioner to send a recognition and thank you letter to Xcel for donating the trail easement for the Veterans Memorial Greenway on their property.
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PREVIOUS BOARD ACTION
20-430; 9/1/20
24-185: 4/9/24
24-481; 9/24/24
ATTACHMENTS
Attachment: Project Location
Attachment: Legal Description of Regional Trail Easement
Attachment: General Depiction of Regional Trail Easement
Attachment: General Depiction of Encroachment Area
BOARD GOALS
☒ A Great Place to Live ☒ A Healthy Environment
☐ A Successful Place for Business and Jobs ☐ Excellence in Public Service
CONTACT
Department Head: Niki Geisler
Author: Tony Wotzka