Legislation Details

File #: DC-3152    Version: 1
Type: Consent Action Status: Passed
File created: 2/14/2024 In control: Board of Commissioners
On agenda: 3/12/2024 Final action: 3/12/2024
Enactment date: 3/12/2024 Resolution #: 24-135
Title: 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
Sponsors: Parks, Facilities, and Fleet Management
Attachments: 1. Project Location, 2. Recognition Letter

DEPARTMENT: Parks, Facilities, and Fleet Management

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 temporary easements for County Project (P00109) Mississippi River Greenway Rosemount East in the City of Rosemount.

 

SUMMARY

To provide a safe and efficient greenway system, Dakota County is proceeding with the Mississippi River Greenway (MRG) Rosemount East, which is the construction of 2.4 miles of shared-use trail to complete the last remaining segment of the national MRG within Dakota County. The final design includes a 10’ shared-use trail, grade-separated underpass, barrier-separated trail adjacent to Pine Bend Trail road, two at-grade railroad crossings, and roadway improvements from Trunk Highway (TH) 55 to the eastern trail entrance of Spring Lake Park. County Project P00109 is scheduled to start construction in April 2024.

Flint Hills Resources Pine Bend LLC (FHR) owns property adjacent to Pine Bend Trail roadway in which the greenway alignment is located. Through the design and right of way process, staff coordinated with FHR staff to ensure the design and placement of the greenway facility was suitable for the operations of FHR, including their use of vessel transport from the Mississippi River. Staff worked with Flint Hills to obtain the necessary permanent easements and temporary easements for the purposes of the trail project. Flint Hills Resources Pine Bend LLC agreed to formally donate the required right of way to the County for the MRG Rosemount East project; and with Resolution No. 23-063 (February 7, 2022), the County Board authorized the acceptance of the donation. Since that time, the project was delayed to further work on necessary agreements with stakeholders and Union Pacific Railroad and the original temporary easement expiration date of July 1, 2024 requires extension. Dakota County Board authorized the appraised values for the temporary easement extensions with Resolution No. 24-028 (January 2, 2024), and staff provided the offers.

Appraisals were completed by Patchin Messner Valuation Counselors for all parcels, including the three parcels owned by FHR. The total appraised value of the temporary easements for FHR’s three parcels, represented as Parcels 1, 2, and 2A in Right of Way Map 360B, is $16,800. 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 Dakota County Donation Plan (Donation Plan) has been adopted in accordance with Policy 1570 Gift Acceptance (Resolution No. 24-101 (February 27, 2024)).  Applying Table 1 of the Donation Plan to the donation FHR is providing for the Mississippi River Greenway Rosemount East warrants a recognition and thank you letter (see Attachment: Recognition Letter) signed by the Board Chair and Commissioner of the Donor’s district. 

 

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 three temporary easements 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 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, extension of the temporary easement expiration date is needed to allow for construction to be completed in 2024 and early 2025; and

 

WHEREAS, Flint Hills Resources Pine Bend LLC owns three parcels adjacent to Pine Bend Trail road which the MRG Rosemount East trail alignment requires right of way from; and

 

WHEREAS, appraisals for County Project P00109 MRG Rosemount East were completed by Patchin Messner Valuation Counselors; and

 

WHEREAS, a total appraised value of $16,800 was determined for the three parcels owned by Flint Hills Resources Pine Bend LLC; and

 

WHEREAS, by Resolution No. 24-028 (January 2, 2024), the Dakota County Board of Commissioners authorized the temporary easement right of way offers; and

 

WHEREAS, County staff issued the right of way offers to property owners, including Flint Hills Resources Pine Bend LLC, in January 2024; and

 

WHEREAS, Flints Hills Resources Pine Bend LLC (FHR) negotiated with County staff to donate the required temporary easements for the Project; and

 

WHEREAS, the donation by FHR meets the criteria of the Dakota County Donation Plan which was created in accordance with Policy 1570 Gift Acceptance (Resolution No. 24-101 (February 27, 2024)) for a recognition and thank you letter signed by the Board Chair and the Commissioner of the Donor’s district; and

 

WHEREAS, the acquisition of parcels 1, 2, and 2A as identified in Dakota County Right of Way Map No. 360B 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 three parcels 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

 

ATTACHMENTS

Attachment: Project Location

Attachment: Recognition Letter

 

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: Jake Chapek