DEPARTMENT: Parks
FILE TYPE: Consent Action
TITLE
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Authorization To Accept Donation Of Easements From Flint Hills Resources Pine Bend LLC For Mississippi River Greenway Rosemount East In City Of Rosemount, County Project P00109
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PURPOSE/ACTION REQUESTED
Authorize the acceptance of the donation of necessary permanent easements for County Project (CP) P00109, Mississippi River Greenway (MRG) Rosemount East in the City of Rosemount.
SUMMARY
To provide a safe and efficient greenway system, Dakota County is proceeding with CP P00109. County Project P00109 is the construction of a 2.4-mile segment of the MRG in Rosemount and is the last remaining segment of the regional trail to be secured, designed, and constructed in order to connect the national MRG from Hastings to South St. Paul (Attachment: Project Location Map). County Project P00109 started construction in March of 2024, was substantially complete in November of 2024, and is projected to be completed in spring of 2025.
Flint Hills Resources Pine Bend LLC (FHR) owns property adjacent to Pine Bend Trail roadway in which the greenway alignment is located. By Resolution No. 23-063 (February 7, 2023), the board authorized the donation of permanent and temporary easements from FHR for the project. The total appraised value of the three parcels, represented as Parcels 1, 2, and 2A in Right of Way Map 360B, was $49,100.
Construction of the project started in March of 2024. During construction activities west of the tunnel, an area of FHR property that was unencumbered by a temporary or permanent easement was identified. This was a design error in the construction plans, and a new easement is required to complete the final utility work in this area to provide power for the tunnel lights (Attachment: Drainage and Utility Area Map).
Flint Hills Resources Pine Bend LLC has agreed to formally donate the required right of way to the County for the MRG Rosemount East project necessary to complete and maintain the corridor. A minimum damage acquisition valuation report was completed by Patchin Messner Valuation Counselors for the parcel, and the estimated value of the drainage and utility easement is $16,100 (Attachment: Valuation Spreadsheet).
A Dakota County Donation Plan (Donation Plan) has been adopted in accordance with Policy 1570 Gift Acceptance by Resolution No. 24-101 (February 27, 2024). The donation that the Flint Hills Resources is providing for the Mississippi River Greenway warrants a recognition and thank-you letter signed by the Board Chair and Commissioner of the Donor’s district (Attachment: FHR Recognition Letter).
RECOMMENDATION
recommendation
Staff recommends acceptance of the right of way necessary from FHR for the MRG Rosemount East project.
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EXPLANATION OF FISCAL/FTE IMPACTS
There will be no financial impact to Dakota County due to the easement being donated.
☒ None ☐ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, the Mississippi River Greenway (MRG) Rosemount East segment is the last remaining segment of regional trail to be secured, designed, and constructed in order to connect the national MRG from Hastings to South St. Paul; and
WHEREAS, the MRG Rosemount East Project includes the construction of 2.4 miles of trail from its connection with MRG West to Spring Lake Park Reserve; and
WHEREAS, the County is the lead agency for the Project; and
WHEREAS, additional right of way acquisition is needed to complete construction that began in March 2024; and
WHEREAS, Flint Hills Resources Pine Bend LLC owns three parcels adjacent to Pine Bend Trail road in which the MRG Rosemount East trail alignment required right of way from; and
WHEREAS, by Resolution No. 23-063 (February 7, 2023), the Dakota County Board of Commissioners authorized the acceptance of temporary and permanent easements for the project; and
WHEREAS, construction activities west of the tunnel, an area of Flint Hills Resources Pine Bend LLC property that was unencumbered by a temporary or permanent easement, was identified and requires a new easement to complete construction activities:
34-01800-26-011 - Flint Hills Resources Pine Bend LLC
A permanent easement for drainage and utility purposes over, under, and across that part of the South Half of the Southeast Quarter of the Southeast Quarter and the South Half of the Southwest Quarter of the Southeast Quarter, all in Section 18, Township 115 North, Range 18 West, Dakota County, Minnesota lying southwesterly of Dakota County Trail Easement described in Document Number 3301913, and northeasterly of the northerly right of way line of Pine Bend Trail as shown on Dakota County Right of Way Map No. 360B, according to the recorded map thereof.
Except that part of said South Half of the Southeast Quarter of the Southeast Quarter and said South Half of the Southwest Quarter of the Southeast Quarter described in Dakota County Trail, Slope, and Drainage Easement per Document Number 3187238, and also excepting D&U 1 as shown on Dakota County Right of Way Map No. 360B, according to the recorded map thereof.
Said Drainage and Utility Easement contains approximately 29,016 square feet.
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WHEREAS, valuation report for County Project P00109 MRG Rosemount East was completed by Patchin Messner Valuation Counselors; and
WHEREAS, a total appraised value of $16,100 was determined for parcel 1, owned by Flint Hills Resources Pine Bend LLC; and
WHEREAS, Flints Hills Resources Pine Bend LLC negotiated with County staff to donate the required easements for the Project; and
WHEREAS, the additional acquisition of parcel 1 as identified by the legal description by the County, is necessary to move forward with the Project.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves acceptance of the donation of the land associated with the one parcel for the Mississippi River Greenway Rosemount East at the approved appraised value; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners accepts the donation of right of way identified from Flint Hills Resources Pine Bend LLC.
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PREVIOUS BOARD ACTION
21-370; 7/20/21
23-063; 2/7/23
23-596; 12/19/23
ATTACHMENTS
Attachment: Project Location Map
Attachment: Drainage and Utility Easement
Attachment: Valuation Spreadsheet
Attachment: FHR Recognition Letter
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: Tony Wotzka