HomeMy WebLinkAbout7.a. Conservation Easement Vacation
EXECUTIVE SUMMARY
City Council Meeting Date: November 2, 2015
AGENDA ITEM: Cases 15-38-VAC – Conservation
Easement Vacation
Lennar requests conservation easement
vacation allowing relocation of the wetland
buffer around Wetland O in Bella Vista
AGENDA SECTION:
Public
Hearing
PREPARED BY: Jason Lindahl, A.I.C.P.
Planner
AGENDA NO.
7.a.
ATTACHMENTS: Site Map, Resolution, Bella Vista Setbacks and
Easement Map, , Revised Conservation
Easements, Bella Vista Preliminary Plat &
Wetland Management Plan, Applicant’s
Narrative
APPROVED BY:
ddj
RECOMMENDED ACTION:
1. Motion to adopt a Resolution approving the vacation of the conservation easements
over Lots 8 and 9 Block 1, Bella Vista 2nd Addition and Outlot A, Bella Vista 3rd
Addition; subject to conditions.
SUMMARY
Applicant: Lennar Corporation
Property Owner: Lennar Corporation
Location: Bella Vista 2nd Addition
Area in Acres: 11.25 Acres
Comp. Guide Plan Design: LDR – Low Density Residential
Current Zoning: R-1, Low Density Residential with the Bella Vista Planned Unit
Development (PUD)
The applicant, Lennar, requests a conservation easement vacation to allow changes to the wetland buffers
associated with the Bella Vista development. Specifically, Lennar requests removal of approximately 3,955
square feet of buffer area around Wetland O on Lots 8 & 9 in Bella Vista 2nd Addition and proposes to add
4,056 square feet of buffer around the same wetland on Outlot A in Bella Vista 3rd Addition. The
conservation easement vacation is necessary to update the legal descriptions that define the wetland buffer.
Staff is also processing a minor PUD amendment application under a separate agenda item to ensure the
relocated buffer is incorporated into the existing Bella Vista PUD agreement and created when Outlot A is
eventually platted into individual home sites. Staff recommends approval of the conservation easement
vacations based on the findings made below.
According to the applicant, his request was made to accommodate the buyers of Lots 8 and 9, Block 1 Bella
Vista 2nd Addition. They would like to have usable open space between their homes not limited by the terms
of the conservation easement. Overall, the proposal increases the amount of wetland buffer around Wetland
2
O, maintains the 75 foot minimum buffer depth standard and does not result in a significant decrease in
usable open space on lots planned within Outlot A, Bella Vista 3rd Addition.
BACKGROUND
In July 2013, the City Council approved a Preliminary Plat, Planned Unit Development (PUD) Master
Development Plan with Rezoning and Zoning Ordinance Amendment for the 158 single family lot Bella
Vista development. The final plat for Bella Vista 2nd Addition was approved in November of 2013 while the
final plat for Bella Vista 3rd Addition was approved in April of this year. Home construction is well
underway in the 2nd Addition and the applicant has installed streets in the 3rd Addition but those lots are not
for sale at this time.
Wetland preservation and protection were central to the preliminary and final plat reviews. The Minnesota
Department of Natural Resources approved the applicant’s wetland mitigation plan with conditions in their
Notice of Decision document dated July 16, 2013. To implement the plan, the applicant drafted and
recorded conservation easements over the naturally vegetated area around the wetlands as a buffer. The
purpose of these buffers is to provide water quality benefits, reduce the risk of erosion, discourage human
interference, and provide wildlife habitat.
Understanding that all buffers may not be maintained equally around the entire wetland during development,
the Wetland Management Plan allows for buffer averaging. Buffer averaging would allow a buffer to be
reduced on one side if it is expanded on another side of the wetland, although a minimum buffer width is
required. The current application seeks to relocate the approved wetland buffer from the south side of
wetland O to the southeast side of the same wetland. Overall, the proposal increases the amount of wetland
buffer around Wetland O, maintains the 75 foot minimum buffer depth standard and does not result in a
significant decrease in usable open space on lots planned for Outlot A, Bella Vista 3rd Addition.
ISSUE ANALYSIS
Easement Vacation. By Statute, easement vacations require a public hearing and approval by the City
Council. As mentioned above, this application seeks to remove approximately 3,955 square feet of
wetland buffer on Lots 8 & 9 in Bella Vista 2nd Addition and add 4,056 square feet of buffer to Outlot A in
Bella Vista 3rd Addition. While the wetland buffer is being relocated from the 2nd Addition to the 3rd
Addition, it is located around the same wetland, Wetland O.
The conservation easement vacation is necessary to update the legal descriptions that define the wetland
buffer. The original conservation easements with the updated legal descriptions that define the relocated
wetland buffers are attached for your reference. Overall, the proposal increases the amount of wetland
buffer around Wetland O, maintains the 75 foot minimum buffer depth standard and does not result in a
significant decrease in usable open space on lots planned for Outlot A, Bella Vista 3rd Addition.
CONCLUSION & RECOMMENDATION
Overall, the proposal increases the amount of wetland buffer around Wetland O, maintains the 75 foot
minimum buffer depth standard and does not result in a significant decrease in usable open space on lots
planned for Outlot A, Bella Vista 3rd Addition.
Staff recommends opening the public hearing, taking testimony, and approving the attached resolution
vacating the easement.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2015 -
A RESOLUTION APPROVING THE VACATION OF THE CONSERVATION
EASEMENTS OVER LOTS 8 AND 9 BLOCK 1, BELLA VISTA 2ND ADDITION AND
OUTLOT A, BELLA VISTA 3RD ADDITION
WHEREAS, the Community Development Department of the City of Rosemount received an
application from Lennar Corporation to vacate a portion of the conservation easements located on
Lots 8 and 9, Block 1, Bella Vista 2nd Addition and Outlot A, Bella Vista 3rd Addition; and
WHEREAS, the applicant intents to vacate 3,955 square feet of buffer area around Wetland O on
the Lots 8 and 9, Block 1, Bella Vista 2nd Addition and add 4,056 square feet of buffer around this
same wetland on Outlot A in Bella Vista 3rd Addition; and
WHEREAS, the conservation easement to be vacated on Lots 8 and 9, Block 1 Bella Vista is legally
described in Exhibits A while the conservation easement to be vacated on Outlot A, Bella Vista 3rd
Addition is legally described in Exhibit B; and
WHEREAS, vacation of the existing conservation easements legally described in Exhibits A and B
is required before the revised conservation easement can be recorded against the properties; and
WHEREAS, the conservation easement to be added on Lots 8 and 9, Block 1 Bella Vista 2nd
Addition is legally described in Exhibits C while the conservation easement to be added on Outlot
A, Bella Vista 3rd Addition is legally described in Exhibit D; and
WHEREAS, the proposal increases the overall amount of wetland buffer around Wetland O,
maintains the 75 foot minimum buffer depth standard and does not result in a significant decrease in
usable open space on lots planned for Outlot A, Bella Vista 3rd Addition; and
WHEREAS, the City Council reviewed this request and conducted a public hearing on November
2nd, 2015 and found the proposal consistent with the original approvals for the Bella Vista
preliminary plat and the final plats for Bella Vista 2nd Addition and Bella Vista 3rd Addition; and
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the request to remove approximately 3,955 square feet of wetland buffer on Lots 8 & 9 in
Bella Vista 2nd Addition and add 4,056 square feet of buffer to Outlot A in Bella Vista 3rd Addition,
legally described in the attached Exhibits A through D, subject to:
1. Approval of a minor PUD amendment to ensure the relocated buffer is incorporated into
the existing Bella Vista PUD agreement and created when Outlot A is eventually platted into
individual home sites.
2. Recording of the revised conservation easement to be added on Lots 8 and 9, Block 1 Bella
Vista 2nd Addition legally described in Exhibits C.
3. Recording of the revised conservation easement to be added on Outlot A, Bella Vista 3rd
Addition legally described in Exhibit D.
RESOLUTION 2015 -
2
ADOPTED this 2nd day of November, 2015, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Clarissa Hadler, City Clerk
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
459249v1 CBR RS220-356
CONSERVATION EASEMENT
THIS INSTRUMENT is made by U.S. Home Corporation, a Delaware corporation,
Grantor, in favor of the City of Rosemount, a Minnesota municipal corporation, Grantee.
Recitals
A. Grantor is the fee owner of the following described property, which property is located in
Dakota County, Minnesota (the “Property”):
Lots 7, 8 and 9, Block 1, BELLA VISTA 2ND ADDITION according to the recorded plat
thereof on file in the office of the Dakota County Recorder.
B. Grantor desires to grant to the Grantee an easement, according to the terms and conditions
contained herein.
Terms of Easement
1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged
by Grantor, Grantor grants and conveys to the Grantee the following easement:
A perpetual, non-exclusive easement for flowage and conservation purposes over, under,
across and through that part of the Property legally described and depicted on the
attached Exhibit A.
(the “Easement Area”).
2. Scope of Easement. Grantor, for itself and its successors and assigns, declares and
agrees that the following prohibitions shall continue in perpetuity in the Easement Area:
a. Constructing, installing or maintaining anything made by man.
b. Cutting or removing trees or other vegetation. Notwithstanding the foregoing,
trimming trees to maintain their health, removing diseased trees and removing
selected trees to allow sunlight to penetrate to limited parts of the Easement Area
may be permitted, but only when approved by the Grantee.
c. Excavating or filling within the Easement Area.
2
459249v1 CBR RS220-356
d. Applying chemicals for destruction or retardation of vegetation, unless first
approved by the Grantee.
e. Depositing of waste or debris.
f. Applying herbicides, pesticides and insecticides.
g. Applying fertilizers.
h. Conducting activities detrimental to the preservation of the scenic beauty,
vegetation and wildlife in the Easement Area.
i. Removing, damaging, destroying or defacing any monuments or markers placed
to delineate the Easement Area.
3. Grantor, for itself, its successors and assigns, grants to the Grantee the affirmative right,
but not the obligation, to do the following in the Easement Area:
a. Enhance the slope, trees, vegetation and natural habitat at no cost to the Grantor.
b. Enter upon the Easement Area at any time to enforce compliance with the terms
of this Conservation Easement.
c. Take such other action as the Grantee deems necessary or advisable in its sole
discretion to enforce compliance with the terms of this Conservation Easement.
d. Install and maintain monuments or markers delineating the Easement Area.
4. Warranty of Title. The Grantor warrants that it is the owner of the Property and has the
right, title and capacity to convey to the Grantee the Conservation Easement herein.
5. Environmental Matters. The Grantee shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and reasonable attorney's fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release
of any hazardous substances, pollutants, or contaminants which may have existed on, or which
relate to, the Easement Area or Property prior to the date of this instrument.
6. Binding Effect; Enforceability. The terms and conditions of this instrument shall run
with the land and be binding on the Grantor, and Grantor’s successors and assigns. This
Conservation Easement is enforceable by the City of Rosemount acting through its City Council.
STATE DEED TAX DUE HEREON: NONE
Dated this _____ day of ______________, 2015.
U.S. Home Corporation
By
Its Division Vice President
3
459249v1 CBR RS220-356
STATE OF MINNESOTA )
) SS.
COUNTY OF _________ )
The foregoing instrument was acknowledged before me this _____ day of
____________, 2015, by _____________________________, the Division Vice President of
U.S. Home Corporation, a corporation organized under the laws of the State of Delaware, on
behalf of the corporation, Grantor.
______________________________
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered
200 South Sixth Street
470 U.S. Bank Plaza
Minneapolis, MN 55402
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
459252v1 CBR RS220-356
CONSERVATION EASEMENT
THIS INSTRUMENT is made by U.S. Home Corporation, a Delaware corporation,
Grantor, in favor of the City of Rosemount, a Minnesota municipal corporation, Grantee.
Recitals
A. Grantor is the fee owner of the following described property, which property is located in
Dakota County, Minnesota (the “Property”):
Outlot A, BELLA VISTA 3RD ADDITION, according to the recorded plat thereof on file
in the office of the Dakota County Recorder.
B. Grantor desires to grant to the Grantee an easement, according to the terms and conditions
contained herein.
Terms of Easement
1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged
by Grantor, Grantor grants and conveys to the Grantee the following easement:
A perpetual, non-exclusive easement for flowage and conservation purposes over, under,
across and through that part of the Property legally described and depicted on the
attached Exhibit A.
(the “Easement Area”).
2. Scope of Easement. Grantor, for itself and its successors and assigns, declares and
agrees that the following prohibitions shall continue in perpetuity in the Easement Area:
a. Constructing, installing or maintaining anything made by man.
b. Cutting or removing trees or other vegetation. Notwithstanding the foregoing,
trimming trees to maintain their health, removing diseased trees and removing
selected trees to allow sunlight to penetrate to limited parts of the Easement Area
may be permitted, but only when approved by the Grantee.
c. Excavating or filling within the Easement Area.
2
459252v1 CBR RS220-356
d. Applying chemicals for destruction or retardation of vegetation, unless first
approved by the Grantee.
e. Depositing of waste or debris.
f. Applying herbicides, pesticides and insecticides.
g. Applying fertilizers.
h. Conducting activities detrimental to the preservation of the scenic beauty,
vegetation and wildlife in the Easement Area.
i. Removing, damaging, destroying or defacing any monuments or markers placed
to delineate the Easement Area.
3. Grantor, for itself, its successors and assigns, grants to the Grantee the affirmative right,
but not the obligation, to do the following in the Easement Area:
a. Enhance the slope, trees, vegetation and natural habitat at no cost to the Grantor.
b. Enter upon the Easement Area at any time to enforce compliance with the terms
of this Conservation Easement.
c. Take such other action as the Grantee deems necessary or advisable in its sole
discretion to enforce compliance with the terms of this Conservation Easement.
d. Install and maintain monuments or markers delineating the Easement Area.
4. Warranty of Title. The Grantor warrants that it is the owner of the Property and has the
right, title and capacity to convey to the Grantee the Conservation Easement herein.
5. Environmental Matters. The Grantee shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and reasonable attorney's fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release
of any hazardous substances, pollutants, or contaminants which may have existed on, or which
relate to, the Easement Area or Property prior to the date of this instrument.
6. Binding Effect; Enforceability. The terms and conditions of this instrument shall run
with the land and be binding on the Grantor, and Grantor’s successors and assigns. This
Conservation Easement is enforceable by the City of Rosemount acting through its City Council.
STATE DEED TAX DUE HEREON: NONE
Dated this _____ day of ______________, 2015.
U.S. Home Corporation
By
Its Division Vice President
3
459252v1 CBR RS220-356
STATE OF MINNESOTA )
) SS.
COUNTY OF _________ )
The foregoing instrument was acknowledged before me this _____ day of
____________, 2015, by _____________________________, the Division Vice President of
U.S. Home Corporation, a corporation organized under the laws of the State of Delaware, on
behalf of the corporation, Grantor.
______________________________
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered
200 South Sixth Street
470 U.S. Bank Plaza
Minneapolis, MN 55402
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
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