DEPARTMENT: Parks, Facilities, and Fleet Management
FILE TYPE: Consent Action
TITLE
title
Authorization To Execute Encroachment Agreement With PFC Midstream Natural Gas Pipeline, L.P. And Xcel Energy For Veterans Memorial Greenway Phase I, County Project P00147
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PURPOSE/ACTION REQUESTED
Authorize an encroachment agreement with PFC Midstream Natural Gas Pipeline, L.P. Xcel Energy for the encroachment of a private utility 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 50’ Xcel Energy and 30’ PFC Midstream Natural Gas Pipeline, L.P. existing private utility easement within the County’s 100’ easement with Flint Hills Resources. This came up late in the final design process, and the project team had to act quickly to get a framework of an encroachment agreement in place prior to construction activities in Spring of 2024.
The formal document (Attachment: Encroachment Map) 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.
Encroachment Agreements:
The basic terms of the proposed encroachment agreements with PFC Midstream Natural Gas Pipeline, L.P. and Xcel Energy for CP P00147 include:
• Approve the encroachment of improvements on P00147 within the existing PFC Midstream Natural Gas Pipeline, L.P. and Flint Hills Resources 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 PFC Midstream Natural Gas Pipeline, L.P., Xcel Energy and other listed parties against any and all claims/liabilities arising from the project.
RECOMMENDATION
recommendation
Staff recommends execution of an encroachment agreement with PFC Midstream Natural Gas Pipeline, L.P., and Xcel Energy identifying the responsibilities of the County associated with encroachment of P00147 on the private utility line easement to proceed with CP P00147.
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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 is proceeding with the Veterans Memorial Greenway County Project (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, for portions of greenway, the trail construction will cross PFC Midstream Natural Gas Pipeline, L.P., and Xcel Energy existing private utility line easements that runs within the existing Flint Hills Resources easement; and
WHEREAS, PFC Midstream Natural Gas Pipeline, L.P. private utility line is within their own 30’ easement; therefore, an encroachment agreement is needed to complete the CP P00147 work within the easement; and
WHEREAS, Xcel Energy private utility line is within their own 50’ easement; therefore, an encroachment agreement is needed to complete the CP P00147 work within the easement; and
WHEREAS, to proceed with the project, PFC Midstream Natural Gas Pipeline, L.P. is requesting that Dakota County execute an encroachment agreement to identify responsibilities and approved encroachments associated with CP P00147 crossing the PFC Midstream Natural Gas Pipeline, L.P.; 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 crossing the Xcel Energy pipeline; and
WHEREAS, staff recommends execution of an encroachment agreement with PFC Midstream Natural Gas Pipeline, L.P., and Xcel Energy identifying the responsibilities of the County, PFC Midstream Natural Gas Pipeline, L.P. 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 PFC Midstream Natural Gas Pipeline, L.P., and with Xcel Energy for the portion of the Veterans Memorial Greenway within PFC Midstream Natural Gas Pipeline, L.P. private utility line easement and within Xcel Energy private utility line easement, subject to approval by the County Attorney’s Office as to form.
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PREVIOUS BOARD ACTION
20-430; 9/1/20
22-567; 12/13/22
ATTACHMENTS
Attachment: Project Location
Attachment: Encroachment Agreement Draft
BOARD GOALS
☒ A Great Place to Live ☒ A Healthy Environment
☐ A Successful Place for Business and Jobs ☐ Excellence in Public Service
CONTACT
Department Head: Todd Hoopingarner
Author: Tony Wotzka