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EXECUTIVE SUMMARY
City Council Regular Meeting: November 17, 2020
AGENDA ITEM: Joint Powers Agreement – Dakota
County Mississippi River Greenway, City
Project ENG 0152
AGENDA SECTION:
New Business
PREPARED BY: Brian Erickson, Director of Public
Works/City Engineer AGENDA NO. 9.a.
ATTACHMENTS: Joint Powers Agreement between
Dakota County and the City of
Rosemount; Project Layout
APPROVED BY: LJM
RECOMMENDED ACTION: Motion Authorizing the Execution of a Joint Powers
Agreement between Dakota County and the City of Rosemount to perform final design,
right of way acquisition, construction, use, maintenance and operation for the Mississippi
River Greenway.
BACKGROUND
Attached for City Council review and approval is a Joint Powers Agreement (JPA) for performing final
engineering, right of way acquisition construction, use, maintenance, and operation of the Mississippi
River Greenway (formerly known as the Mississippi River Regional Trail).
Dakota County is proposing to perform final design engineering, right-of-way acquisition and construction
for the 2.3-mile, two-way Pine Bend Trail, segment of Mississippi River Greenway: Rosemount East from
the tie in point with Mississippi River Greenway: Rosemount West to the Fahey Ave Trailhead within
Spring Lake Park in Rosemount, Dakota County. The project will include a grade separated crossing under
Pine Bend Trail, two at-grade railroad crossings, one at-grade crossing of Pine Bend Trail and
improvements to Pine Bend Trail from Trunk Highway 55 to Fahey Ave.
As part of this project Dakota County would reconstruct Pine Bend Trail from the underpass to the
eastern rail road crossing. The cost for this work would be paid 100% by Dakota County. Due to the
condition of that local road, the County has agreed to include a reclamation of Pine Bend Trail from MN
Hwy 55 to the underpass. This cost would be borne by the City of Rosemount at an estimated cost of
$200,000 and has been included in the 2021 – 2030 Capital Improvement Plan. Should the County get all
necessary approvals and agreements from the railroad and property owners, work would commence in
2021.
The City Attorney has reviewed the document and made minor comments that have been incorporated by
the County.
RECOMMENDATION
Staff recommends City Council approval of the Joint Powers Agreement and authorization to execute it.
Dakota County Contract #C0032665
County Project No: 98-006
Date: 6/22/2020 (DRAFT)
JOINT POWERS AGREEMENT FOR
FINAL ENGINEERING, RIGHT OF WAY ACQUISITION AND CONSTRUCTION
AND
USE, MAINTENANCE AND OCCUPANCY OF MISSISSIPPI RIVER GREENWAY:
ROSEMOUNT EAST LOCATED IN THE CITY OF ROSEMOUNT
BETWEEN
THE COUNTY OF DAKOTA
AND
THE CITY OF ROSEMOUNT
FOR
COUNTY PROJECT NO. 98-006
CITY PROJECT NO. ENG 0152
SYNOPSIS: Dakota County and the City of Rosemount agree to final design engineering, right-of -way
acquisition and construction for the 2.3-mile, two-way Pine Bend Trail, segment of Mississippi River
Greenway: Rosemount East from the tie in point with Mississippi River Greenway: Rosemount West to
the Fahey Ave Trailhead within Spring Lake Park in Rosem ount, Dakota County. The project will include
a grade separated crossing under Pine Bend Trail, two at-grade railroad crossings, one at-grade crossing
of Pine Bend Trail and improvements to Pine Bend Trail from Trunk Highway 55 to Fahey Ave.
Dakota County Contract #C0032665
Page | 2
THIS AGREEMENT, is made and entered into by and between the County of Dakota, referred to in this
Agreement as the "County", and the City of Rosemount, a Minnesota municipal corporation, referred to in
this Agreement as the "City", (collectively, the “Parties”) and witnesses the following:
RECITALS
WHEREAS, under Minnesota Statutes Sections 162.17, subd. 1 and 471.59, subd. 1, two governmental
units may enter into an Agreement to cooperatively exercise any power common to the contracting parties,
and one of the participating governmental units may exercise one of its powers on behalf of the other
governmental units; and
WHEREAS, it is considered mutually desirable to construct the 2.3-mile shared-use trail, Mississippi River
Greenway: Rosemount East, project that includes improvements to the City’s roadway, Pine Bend Trail (the
“Project”); and
WHEREAS, the County has, in consultation with the City, completed a preliminary design layout for the
Project (Exhibit A) (the “Layout”) that will be the basis for the final design engineering of the Project; and
WHEREAS, the County has adopted, by resolution, the Mississippi River Greenway: Rosemount East two-
way Pine Bend Trail alternative as the preferred alternative for final design as seen in Exhibit A; and
WHEREAS, The County has included this project in their Parks Capital Improvement Program Budget and
has adequate funding for the final design engineering, right-of -way acquisition and construction; and
WHEREAS, the City has included the improvements to Pine Bend Trail in their Capital Improvement
Program; and
WHEREAS, part of the Mississippi River Greenway (MRG): Rosemount East will occupy a portion of City
street right-of -way along Pine Bend Trail from approximate Sta 544+00 (Exhibit A) to where the trail turns
north to enter the Spring Lake Park Reserve, approximate Sta 622+00 (Exhibit A), and the City agrees to
allow MRG: Rosemount East to occupy existing City right-of -way for Pine Bend Trail as generally depicted
on Exhibit A and will issue to County a permit at no cost for a permanent regional trailway to occupy said
City right-of -way; and
WHEREAS, the County is responsible for securing land control necessary to accommodate the
construction, maintenance, and operations of the MRG: Rosemount East; and
Dakota County Contract #C0032665
Page | 3
WHEREAS, this Agreement defines the roles and responsibilities of each part in regard to the construction
of MRG: Rosemount East; and
WHEREAS, this Agreement defines the rights of occupancy, maintenance and use of MRG Rosemount
East that is constructed in the City which shall be defined through a separate Supplemental Maintenance
Agreement (“SMA”) that the parties are entering into contemporaneously, attached hereto as Exhibit B.
WHEREAS, the purpose of the project is to complete the last remaining segment of the Mississippi River
Greenway within Dakota County to connect Hastings to St. Paul, improve safety and operations for
greenway trail users, create a grade separated crossing of Pine Bend Trail between Trunk Highway 55 and
Mosaic Industries, create safe at-grade crossings of CF Industries and Union Pacific Railways tracks, create
a barrier separated trail from Pine Bend Trail traffic and perform a reclamation of Pine Bend Trail from Trunk
Highway 55 to the grade separated crossing under Pine Bend Trail; and
WHEREAS, the completion of the last segment of the Mississippi River Greenway will provide a separate
facility that will alleviate the conflict between greenway users and Pine Bend Trail traffic that is accessing
the industrial facilities; and
NOW, THEREFORE, it is agreed the County and City will share project responsibilities and jointly
participate in the project costs associated with the final design engineering, right-of -way and construction
of Mississippi River Greenway: Rosemount East and related activities as described in the following
sections:
1. Project Layout: The County and City agree to cooperate to complete final design engineering for
the Project based on the Layout.
2. Administration: The County is the lead agency for implementation, execution and completion of
the Project, including project design/engineering, right-of -way acquisition and construction
administration and inspection. The County will enter into and administer a contract with a
consulting engineer firm (the “Consultant Engineer”) and will coordinate the final design
engineering work of the Consultant Engineer with the City.
3. Engineering:
a. Plans and Specifications: The County shall prepare the plans and technical specifications
for the Project. The City shall approve the plans and specifications prior to the County
Dakota County Contract #C0032665
Page | 4
advertising for bids. The County Board will award the contract for construction of the
Project to the lowest responsive and responsible bidder in accordance with state law.
b. Engineering Cost: Final design engineering costs, including public involvement, agency
involvement, final design, specifications, proposals, surveying, geotechnical exploration,
mapping and all related efforts for production of final construction plans, including the
cost of County and City staff time for these purposes, (Collectively, “Engineering Costs”)
shall be shared based on the County’s and City’s share of the final construction costs in
accordance with the County’s Transportation Plan Cost participation Policy.
4. Construction Administration and Inspection
a. Project Lead Duties: The County shall oversee and inspect the construction of the
Project, administer any changes to the construction contract in accordance with the
applicable sections of this Agreement, and process any payments to the contractor in
accordance with the applicable sections of this Agreement.
b. Construction Administration and Inspection Costs: Construction administration,
construction inspection and all related materials testing shall be split based on the
County’s and City’s share of the final construction costs.
5. Construction Costs:
a. Cost sharing includes all highway construction and removal items, mobilization and traffic
control, mitigation required by state and federal permits including accessibility
requirements; storm sewer and other drainage facilities based on contributing flows;
replacement or restoration of fences, landscaping and driveways when affected by
Project construction; replace or adjust sanitary sewer, water and storm sewer systems, if
required due to Project construction; relocation or adjusting privately owned utilities when
not performed at the expense of the utility; County’s share of water pollution best
management practices, based on contributing flows, meeting National Urban Runoff
Protection (NURP) standards; temporary widening or signal systems if required as part of
traffic control or Project staging; and all other Project construction aspects outlined in the
Project plan except for elements as called out under this Agreement.
b. Following the County’s cost participation policy, the construction costs for the Project
shall be shared as follows:
i. Construction associated with the Mississippi River Greenway: Rosemount East
trail, including reconstruction of Pine Bend Trail starting at approximate Sta
534+95 (Layout) due to underpass construction and ending at the eastern most
Dakota County Contract #C0032665
Page | 5
limits of Pine Bend Trail that is impacted by adjacent trail construction
(Approximate Sta 623+48 on the Layout). The County shall cover 100 percent of
the costs associated with the final construction of the greenway system and
associated impacts.
ii. Reclamation of Pine Bend Trail (City street) from Trunk Highway 55 to the start of
the Pine Bend Trail reconstruction at the grade separated underpass
(Approximate Sta 534+95 on the Layout). The City of Rosemount shall cover 100
percent of the costs associated with the reclamation of Pine Bend Trail within this
segment of the project.
6. City Permits: The City will issue the County a permit to work within the City’s right-of -way allowing
the County and its contractors to work on City street right-of -way for the construction of the MRG:
Rosemount East project. The County, or its contractors, must secure a City building permit for
retaining walls and/or other structures, and any other City permits as required by City Code, and
the City hereby agrees to waive the City’s permit fees for the permits obtained by the County.
Nothing in this Agreement or any permit issued by the City shall prevent the use of the public
right-of -way by utilities, telecommunication providers, or any other entity entitled by law to use
public right-of -way.
7. Permits; The City will process permits for utility work and other activities within the City’s right-of -
way.
8. City Utilities: The City shall pay all costs, including design, for new sanitary sewer, water mains
and appurtenances constructed as part of this Project. Further, the City shall be responsible for
the maintenance of all such facilities after the completion of the Project.
9. Right-of -way Acquisition: The County will undertake all actions necessary to acquire all
permanent and temporary road right-of -way, all right-of -way for trails, all easements for drainage
and ponds, and water pollution control best management practices necessary for Mississippi
River Greenway: Rosemount East Trail. The City will issue to County a permit for a permanent
regional trailway to occupy City street right-of -way . The permit will be for all trailway parcels
located on City street right-of -way , as depicted in Exhibit A. The County will attempt to acquire
underlying ownership of Pine Bend Trail road right-of -way in easement or fee at no cost to the
City. If acquired, the County will convey said Pine Bend Trail road right-of -way to the City at no
cost.
Dakota County Contract #C0032665
Page | 6
10. Project Cost Updates: The County will provide updated cost estimate to the City showing the
County and City shares of Project costs annually at the time of Capital Improvement Program
development. Updated cost estimates will also be provided by the County to the City at the
following times:
• Prior to approval of the appraised values for any necessary right-of -way acquisitions,
• Prior to advertising a construction contract,
• After bid opening (prior to contract award),
• During construction if total contract changes exceed $100,000,
• Once per year following the construction season until Project is complete.
Project cost estimate updates include actual and estimate costs for engineering, utility relocation,
and construction. The parties acknowledge that Project cost estimates are subject to numerous
variables causing the estimates to be subject to change and the updates are provided for
informational purposes in good faith. Each agency is responsible for information their respective
councils or boards regarding Project costs.
11. Payment: The County will act as the paying agent for all payments to the Contractor. Payments to
the contractor will be made as the project work progresses and when certified by the County
Engineer. Upon presentation of an itemized claim by one agency to the other, the receiving agency
shall reimburse the invoicing agency for its share of the costs incurred under this agreement within
35 days from the presentation of the claim. If any portion of an itemized claim is questioned by the
receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written
explanation of the amounts in question. If any portion of an itemized claim is questioned by the
receiving agency, the amount of the claim not in question shall be promptly paid and, accompanied
by a written explanation concerning the amount in question. Payment of any outstanding amount
will be made following good faith negotiation and documentation of actual costs incurred in carrying
out the work.
12. Amendments: Any amendments to this Agreement will be effective only after approval by each
governing body and execution of a written amendment document by duly authorized officials of
each body.
13. Effective Dates for Design and Construction of Project: This Agreement will be effective upon
execution by duly authorized officials of each governing body and shall continue in effect until all
work to be carried out in accordance with this Agreement has been completed. Absent an
amendment, however, in no event will this Agreement continue in effect after December 31, 2022.
Dakota County Contract #C0032665
Page | 7
14. Change Orders and Supplemental Agreements: Any change orders or supplemental agreements
that affect the project cost participation must be approved by both the City and County prior to
execution of work.
15. Final Completion: Final completion of the construction Project must be approved by both parties.
16. Storm Sewer Construction and Maintenance: Upon final acceptance of the Project, maintenance
of storm sewer systems shall be provided in accordance with the current County and City
Maintenance Agreement for Storm Sewer Systems. The County will participate in replacement or
repair of storm sewer constructed by this Project in accordance with County policies included in the
current adopted Transportation Plan.
16a.Regional Basin, Pond, Storage Basin, Treatment Basin, Drainage Area and Stormwater or
Drainage Facilities Maintenance: Upon final acceptance of the Project, maintenance of any
regional basins, ponds, storage basins, treatment basins, drainage areas and any stormwater or
drainage facilities shall be provided in accordance with the current County and City Maintenance
Agreement for Storm Sewer Systems.
17. Sidewalks and Trails: Upon final acceptance of the Project, maintenance of sidewalk and trails
shall be provided in accordance with the Supplemental Maintenance Agreement attached hereto
and incorporated as Exhibit B. The County and the City shall be responsible for the costs of trail
resurfacing or reconstruction in accordance with County policies included in the County’s current
adopted Transportation Plan.
18. Pavement Maintenance: Upon acceptance of the Project, the City shall be responsible for all
pavement maintenance within City right-of -way and the County shall be responsible for all
pavement maintenance within County right-of -way unless necessitated by a failure of a municipal
utility system or installation of new facilities.
19. Subsequent Excavation: After completion of the Project, and after expiration of the warranty period
regarding repair, if excavation within County right-of -way by the City is necessary to repair or install
water, sewer, or other city utilities, the City shall restore the excavated area and road surface to
substantially the condition at the time of disturbance. If the City employs its own contractor for the
above described water, sewer or other utility repair or installation, the City shall hold the County
harmless from any and all liability incurred due to the repair or installation of said water, sewer or
other municipal utility including, but not limited to, the costs of repair as well as liability to third
parties injured or damaged as a result of the work. If the City fails to have the highway properly
restored, the County Engineer may have the work done and the City shall pay for the work within
35 days following receipt of a written claim by the County.
Dakota County Contract #C0032665
Page | 8
20. Rules and Regulations: The County and the City shall abide by Minnesota Department of
Transportation and standard specifications, rules, and contract administration procedures.
21. Indemnification: The County agrees to defend, indemnify, and hold harmless the City against any
and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement
and caused by or resulting from negligent acts or omissions of the County and/or those of County
employees or agents. The City agrees to defend, indemnify, and hold harmless the County
against any and all claims, liability, loss, damage, or expense arising under the provisions of this
Agreement and caused by or resulting from negligent acts or omissions of the City and/or those
of City employees or agents. The Parties to this Agreement recognize that liability for any tort
claims arising under this Agreement are subject to the provisions of the Minnesota Municipal Tort
Claims Law; Minnesota Statutes, Chapter 466. In the event of any tort claims or actions filed
against either party, nothing in this Agreement shall be construed to allow a claimant to obtain
separate judgments or separate liability caps from the individual parties. For purposes of
determining total liability for damages, the Parties are considered a single governmental unit
pursuant to Minn. Stat. § 471.59, subd. 1a. The County shall include the City as additional
insured in the contract documents.
22. Acts of Employees: Any and all persons engaged in the work to be performed by the County shall
not be considered employees of the City for any purpose, including Worker’s Compensation, or any
and all claims that may or might arise out of said employment context on behalf of said employees
while so engaged. Any and all claims made by any third party as a consequence of any act or
omission on the part of said County employees while so engaged on any of the work contemplated
herein shall not be the obligation or responsibility of the City. The opposite situation shall also
apply: The County shall not be responsible under the Worker’s Compensation Act for any
employees of the City and any and all claims made by any third party as a consequence of any act
or omission on the part of said City employees while so engaged on any of the work contemplated
herein shall not be the obligation or responsibility of the County.
23. Audits: Pursuant to Minn. Stat . §16C.05, Subd. 5, any books, records, documents, and accounting
procedures and practices of the County and City relevant to the Agreement are subject to
examination by the County or the City and either the Legislative Auditor or the State Auditor as
appropriate. The County and City agree to maintain these records for a period of six years from
the date of performance of all services covered under this Agreement. Dakota County will be
financially responsible for the cost of the audit.
24. Integration and Continuing Effect: The entire and integrated agreement of the Parties contained in
this Agreement shall supersede all prior negotiations, representations or agreements between the
Dakota County Contract #C0032665
Page | 9
City and the County regarding the Project; whether written or oral. All agreements for future
maintenance or cost responsibilities shall survive and continue in full force and effect after
completion of the improvements provided for in this Agreement.
Authorized Representatives: The authorized representatives for the purpose of the administration of this
Agreement are:
COUNTY OF DAKOTA CITY OF ROSEMOUNT
Mark Krebsbach (or successor) Brian Erickson (or successor)
Dakota County Transportation Director of Public Works/Rosemount Engineer
Director/County Engineer 2875 145th Street West
14955 Galaxie Avenue Rosemount, MN 55068
Apple Valley, MN 55124 Telephone: (651) 322-2025
(952) 891-7100 Brian.Erickson@ci.rosemount.mn.us
Mark.krebsbach@co.dakota.mn.us
Notification required to be provided pursuant to this Agreement shall be provided to the following named
persons and addresses, unless otherwise stated in this Agreement or in a modification of this Agreement.
[SIGNATURE PAGE TO FOLLOW]
Dakota County Contract #C0032665
Page | 10
IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly
authorized officials.
CITY OF ROSEMOUNT
RECOMMENDED FOR APPROVAL:
By
Public Works Director Mayor,
APPROVED AS TO FORM: (SEAL)
By
City Attorney City Clerk
Date
------------------------------------------------------------------------------------------------------------------------------------------
DAKOTA COUNTY
RECOMMENDED FOR APPROVAL:
By
Dakota County Transportation Director/County Engineer Physical Development Director
Date:
APPROVED AS TO FORM:
________________________________
Assistant Dakota County Attorney
Date:
KS-2020-00485
COUNTY BOARD RESOLUTION
No. 20- Date:
Dakota County Contract #C0032665
Page | 11
EXHIBIT B
SUPPLEMENTAL MAINTENANCE AGREEMENT
THIS SUPPLEMENTAL MAINTENANCE AGREEMENT (“SMA”) is entered into between Dakota
County (“County”) and the City of Rosemount (“City”) pursuant to a Joint Powers Agreement between
County and City dated for the use, maintenance and occupancy of the Mississippi River
Greenway (MRG) located in the City (“JPA”).
WHEREAS, the County and the City have jointly identified the alignment of a regional pedestrian
and bicycle trail known as the MRG through the City, as depicted on Exhibit A to the JPA; and
WHEREAS, the County has acquired easements for the MRG from private owners and the
County has acquired permission to occupy City right-of -way from the City for the MRG (“Easement Right-
of -Way”); and
WHEREAS, the City and the County desire to more specifically define the rights and
responsibilities that each party agrees to assume for maintenance of the Easement Right-of -Way ; and
NOW, THEREFORE, the Parties agree that maintenance responsibilities over the Easement
Right-of -Way will be divided as follows:
ARTICLE I
GENERAL PROVISIONS
ARTICLE I
GENERAL PROVISIONS
1.1 Maintenance by the County. Unless otherwise specified in this SMA, the County will be
responsible for all routine and deferred maintenance and replacement of MRG infrastructure as
improved by Dakota County or its agent at no cost to City . The County will be responsible for all
routine and deferred maintenance and replacement of future MRG infrastructure as improved for
the MRG by Dakota County or its agent at no cost to City . The County at its discretion will
establish the maintenance service standards for all routine and deferred maintenance associated
with the MRG . The County will be responsible for routine or deferred maintenance such as, but
not limited to the following:
A. Vegetation management such as applying herbicide for the benefit of the MRG when
necessary to control noxious weeds such as thistle, poison ivy and similar weeds, non-
desirable woody plant control, stump or foliar treatment of small plants, or for prairie
establishment.
B. Maintenance of vegetation within the Easement Right-of -Way is limited to the needs of
the trail. Typically a 2’ wide “clear-zone” is mowed adjacent to bituminous edges along
the entire length of the MRG regardless of underlying land ownership. Where tree
branches interfere with trail use, branches may be removed beyond the 2’ clear-zone in
order to apply best management practices of arboriculture for the health of the tree. All
vegetation work will be done within the Easement Right-of-Way.
C. Erosion control and stabilization pertaining to the MRG .
D. All utilities such as storm sewer infrastructure pertaining to the MRG.
E. Plantings of turf, trees, shrubs, prairie grasses and wildflowers for purposes of erosion
control, screening or improved corridor aesthetics, with the permission of the City if
placed on City owned easement or right-of -way.
Dakota County Contract #C0032665
Page | 12
F. Maintenance, repair, or replacement of signs that were installed by the County for the
purposes of the trail within the trail corridor. These may include regulatory, warning,
safety, way-finding, interpretive, and monument signs.
G. Maintenance, repair or replacement of fences, retaining walls, barriers, miscellaneous
site amenities and furnishings adjacent to the MRG that are constructed by Dakota
County for purposes of the MRG.
H. Sweeping of the MRG.
I. Snow-plowing and ice control pertaining to the MRG at the discretion of the County.
J. Graffiti control and removal from County infrastructure pertaining to the MRG.
K. Maintenance, repair or replacement of the bituminous surface of the MRG .
1.2 Maintenance by the City. Unless otherwise specified in this SMA, the City will be responsible for
all routine and deferred maintenance and replacement of infrastructure as improved by the City or
its agent for City trails that connect to the MRG within the Easement Right-of -Way at no cost to
the County. The City will be responsible for all routine and deferred maintenance and
replacement of future infrastructure as improved within the Easement Right-of -Way by the City or
its agent for City Trails that connect to the MRG at no cost to the County. The City at its discretion
will establish the maintenance service standards for all routine and deferred maintenance
associated wit City infrastructure within the Easement Right-of -Way. The City will be responsible
for the maintenance of City Right-of -Way along a City road that is outside of the 2’ clear-zone
adjacent to the MRG.
1.3 State Statutes and Ordinances. Both Parties to this SMA shall be responsible for enforcement of
applicable state statutes and City and County ordinances relating to the MRG.
1.4 Access to Easement Area by City. The City may reasonably access MRG for routine business
purposes. The City will be required to obtain a special use permit from the County for extended
trail access, trail closure, use of equipment that interrupts trail use or events. The County will be
required to obtain a special use permit from the City for use of the MRG when an activity impacts
the public use of City road right of way.
1.5 New MRG Infrastructure. The City and County will coordinate and approve all new infrastructure
provided by either party within the Easement Right-of -Way.
1.6 Amendment of SMA. City and County agree to cooperate in accomplishing the actions and tasks
outlined in this SMA. This SMA may be amended by the Parties if reduced to writing, dated and
signed by the duly authorized representative of each Party.
1.7 Conflict Resolution. The County and City will cooperate in the coordination of operations and
maintenance of the Easement Right-of -Way and associated City property. The City and County
Parks Director will be responsible for resolving issues and conflicts. If the Park Directors are
unable to reconcile issues and conflicts the responsibility for resolution is forwarded to the County
Administrator and City Administrator. If the County Administrator and City Administrator are
unable to reconcile issues and conflicts the responsibility for resolution is forwarded to the
respective County Board and City Council.
1.8 Public Communications and Information. The County will be responsible for public education for
safe use of the MRG and communicating information to the City, public and other key
stakeholders regarding a trail closure or other actions affecting the MRG. The City will be
responsible for public education for safe use of the MRG and communicating information to the
Dakota County Contract #C0032665
Page | 13
County, public and other key stakeholders regarding a trail closure or other actions affecting the
MRG based on a City action affecting the MRG.
1.9 Authorized Representatives. The County’s authorized representative for the purpose of the
administration of this SMA is the Director of the Physical Development Division, 14955 Galaxie
Avenue, 3rd Floor, Apple Valley, MN 55124-8579 or successor. The City’s authorized
representative for the purpose of the administration of this SMA is the City Administrator, 2875
145th St. W., Rosemount, MN 55068, phone (651) 322-2006, or successor. All notices or
communications required or permitted by this SMA shall be either hand delivered or mailed by
first class mail to the above addresses. Either party may change its address by written notice to
the other parties. Mailed notice shall be deemed complete two business days after the date of
mailing.
[SIGNATURE PAGE TO FOLLOW]
Dakota County Contract #C0032665
Page | 14
IN WITNESS WHEREOF, the parties have caused this Supplemental Maintenance Agreement (SMA) to
be executed by their duly authorized officials as set forth below.
CITY OF ROSEMOUNT
RECOMMENDED FOR APPROVAL:
_____________________________ By___________________________
Bill Droste, Mayor
Date Date
APPROVED AS TO FORM:
_____________________________
City Attorney/Date Attest: ______________________
Erin Fasbender, City Clerk
Date _______________
COUNTY OF DAKOTA
RECOMMENDED FOR APPROVAL: By___________________________
_____________________________
W. Taud Hoopingarner, Director County Administrator
Operations Management Department
Date Date
APPROVED AS TO FORM:
Dakota County Board
_____________________________ Resolution No. __________
County Attorney
Date:
CAO File #: KS-2020-00485 Contract No.
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(e & UtilityAdd.Technical Erectors, Inc.WD 1718940NW 1/4 OF THE NE 1/4CF Idustries owns Part of SW of Sec17 and NW of Section 20 perBook 251 page 272Mosaic Crop Nutrition LLCper Limited WD 865811Tract No. 4Mosaic Crop NuOwns Part oper LimitedTractUnion Pacificper Book 284 Page 414Described as Parcel 10Nov. 20, 1964James E. and Giola J. QuistW 560 lying N of roadWD 2200567Flint Hills owns W Half of NWof NW north of road EXCEPTW 560 per WD 814100Spectro Alloys Corp.WD 472588WD 472758WD 585853WD 806373Endres Properties L.L.C.WD 1417763DEDICATED PINE BEND ROPER PLAT OF ENDPROPERTIES ADDNE 1/4 OF THE NW 1/4SW 1/4 OF THE SW 1/4NW 1/4 OF THE NW 1/4MET COUNCIL - 90 FT.SANITARY SEWER EASEMENTPER DOC. NO. 2342873DAKOTA COUNTY TRAIL ESMTPER Q.C. DEED 2200569DAKOTA COUNTYDRAINAGE ESMT PERDOC.NO. 2946425MET COUNCIL - 50FT.SANITARY SEWER ESMTPER FINAL CERT NO. 2494852METRO SEWER BOARD - 35 FT.SEWAGE DISPOSAL ESMTPER DOC NO. 4111213,1(%(1'75$,/ȭ
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37 37 37 / 5 ' / 5 ' / 5 ' / 5 ' / 5 ' / 5 ' / 5 ' / 5 ' / 5 ' / 5 ' Flint Hills owWD 81410west 2x17Walbon PartnershipWD 782404WD 782405WD 700255Walbon Partnership17x2 Rods Tax ForfeitDoc. no. 1030505Walbon PartnershipSE of SE south of roadWD 1005699Dakota County Tax Forfeit2837602SE 1/4 OF THE SESW 1/4 OF THE SE 1/4Union Pacific per Book 284 Page414 Part of Parcel 11(Nov 20,1964)
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3& 37 / 5 ' / 5 ' SE 1/4 OF THE NWNW 1/420,1964)8, 1971)Burger Family LPW 1/3 of SE of NW Qtr.per Deed 2840818Jan 6, 2012Burger Family LPQC deed 2840818recorded Jan 6, 2012
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SW 1/4 OF THE NW 1/4SE 1/4 OF THE NE 1/4SW 1/4 OF THE NE 1/4utrition LLCof NE 1/4 WD 865811ct No. 2Mosaic Crop Nutrition LLCOwns Part of West Half of NW 1/4per Limited WD 865811Tract No. 3Union Pacificper Book 284 Page 414Described as Parcel 12(Nov 20,1964)AND per Deed 380987(Feb 8, 1971)Bonnie Mae TroskaE Half of SW of NEandE Half of NE lying southof road EXCEPT theeast 992.89per WD 2737342June 24,2010David W. Fry & Rebecca A. WayerskiEast 992.89 of E Halfof NE lying south'ly of CLof road per WD 3083455Aug 7, 2015Burger Family LPQC deed 2840818recorded Jan 6, 2012ROADNDRESDITIONWest line of the NE 1/4 of the NE 1/4North line of the SW 1/4 of the NE 1/4Burger Family LPQC deed 2840818recorded Jan 6, 2012Union Pacificper Book 284 Page 414Described as Parcel 12(Nov 20,1964)AND per Deed 380987(Feb 8, 1971)CF Industries Inc.Owns Part of NE 1/4per Limited WD 865811Tract No. 23,1(%(1'75$,/ȭ
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6+/'5(7$,1,1*:$//:,7+7<3(6%$55,(5%& *&21&0('%$55,(5'(6,*1 7<3($Half of NWoad EXCEPT14100BituminousDAKOTA COUNTYDRAINAGE ESMT PERDOC.NO. 2946425FESInv=834.16Bituminous/ 5 ' / 5 ' FESInv=811.73FESInv=810.79p Elv=826.04v=823.99GateBituminousChainLink FenceBituminousFESInv=812.19FESInv=812.7310" 10" 12" 11" ELM12" ELMConcre/ ousMETSANPESTMHRim=812.92FESInv=803.23W 1/4Dakota County owns in fee per WD 448689from Pine Bend Development Co.4-18-1975EXCEPT for NW of the NESee MN. Valley survey March 1975DakotaCfeeper$,/ȭ52326('75$,/ȭ67$(1'0557($67
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