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Home My WebLink About6.g. Request the Dakota County Board of Commissioners to place a conservation easement over the thac forfeit property on White Lake as a condition of public saleAGENDA ITEM: Request the Dakota County Board of Commissioners to place a conservation easement over the tax forfeit property on White Lake as a condition of public sale. AGENDA SECTION: Consent PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. 'il• ATTACHMENTS: Resolution, Site Map, Conservation Easement. APPROVED BY: obi requesting that the Dakota sale of tax forfeit parcel eastern shoreline of White RECOMMENDED ACTION: Motion to approve the Resolution County Board of Commissioners place a condition on the public #34- 84000 020 -00 to record a conservation easement along the Lake. 4 ROSEMOUNT CITY COUNCIL City Council Regular Meeting: July 21, 2009 EXECUTIVE SUMMARY BACKGROUND On April 7, 2009, the City Council approved the public sale of a tax forfeited property on White Lake and approved a motion to record a conservation easement over the property before the sale. Since that motion, the State of Minnesota and Dakota County has informed the City that the tax forfeit parcel must be returned to the State with a clean title and without any additional encumbrances such as the conservation easement. Instead, staff has prepared a Resolution requesting that the Dakota County Board of Commissioners (County Board) place a condition on the public sale that the new owner record the conservation easement on the property in the favor of the City. DISCUSSION On April 7, 2009, the City Council approved the public sale of a tax forfeit on White Lake and approved a motion to record a conservation easement over the property before the sale. Since that motion, the City has been informed that the City is required to return tax forfeit property to the State of Minnesota with a clean title and without additional encumbrances such as a conservation easement. The Dakota County Treasurer /Auditor has pointed out that instead of the City recording a conservation easement, the State Statute regarding tax forfeiture property allows the City to request that the County Board to place conditions on the public sale of property. The Treasurer /Auditor has stated that she is not aware of an instance in which the County Board has denied such a request. The Treasurer /Auditor and a County Attorney has reviewed the proposed conservation easement and County staff has stated that they would recommend the acceptance of the condition of sale to the County Board. This does not guarantee that the County Board would require the condition of sale, but City staff believes that this resolution is the best opportunity to have the conservation easement recorded on the property. RECOMMENDATION Approve the Resolution requesting that the Dakota County Board of Commissioners place a condition on the public sale of tax forfeit parcel #34- 84000 020 -00 to record a conservation easement along the eastern shoreline of White Lake. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2009 A RESOLUTION REQUESTING THAT THE DAKOTA COUNTY BOARD OF COMMISSIONERS PLACE A CONDITION ON THE PUBLIC SALE OF TAX FORFEITED PARCEL 34- 84000 020 -00 TO RECORD A CONSERVATION EASEMENT ALONG THE EASTERN SHORELINE OF WHITE LAKE WHEREAS, the State of Minnesota had acquired the parcel with PID 34- 01610 010 -51 through tax forfeiture which was legally described as: Part of North half of the Southwest quarter of Section 16, Township 115, Range 19 beginning at the southeast corner; north 180 feet, west north on centerline of road easement 491.71 feet, north 80 degrees, 08 minutes, 51 seconds west 468.17 feet, south 4 degrees 05 minutes east 428.87 feet to south line, east on south line 764.43 feet to beginning subject to easement (tract 1). WHEREAS, the title transferring the parcel to the City included a reversionary clause "To be used exclusively for storm sewer holding area when area is developed. and WHEREAS, the City of Rosemount approved the White Lake Acres plat on November 6, 1984 which assigned the parcel a new PID 34- 8400 020 -00 and legally described the parcel as: Outlot B, White Lake Acres, Rosemount, Minnesota WHEREAS, on April 7, 2009, the City approved Resolution 2009 -18 authorizing the Dakota County Treasurer Auditor to sell tax forfeited parcel at public auction; and WHEREAS, Minnesota Statute 282.01 Subdivision 7a. allows the City to request the Dakota County Board of Commissioners (County Board) to place conditions on the sale of tax forfeit property; and WHEREAS, the City desires to protect the natural resources on the tax forfeit property including the White Lake wetland and upland wetland buffer through a Conservation Easement (Attachment A) recorded in the City's favor; and WHEREAS, this Conservation Easement would be a requirement of the City's Wetland Management Plan if the property were to be subdivided; and NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute 282.01 Subdivision 7a., the City Council of the City of Rosemount hereby request that the County Board condition the sale of tax forfeited parcel 34- 84000 020 -00 to require the purchaser record the Conservation Easement (Attachment A) in favor of the City onto the property. ADOPTED this 21" day of July, 2009 by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk Motion by: Second by: Voted in favor: Voted against: Member absent: 2. RESOLUTION 2009- Outlot B, White Lake Acres Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map Scale 1 inch 200 feet Kennedy Graven, Chartered CONSERVATION EASEMENT THIS INSTRUMENT is made by the Grantor, in favor of the City of Rosemount, a Minnesota municipal corporation, Grantee. Recitals A. Grantor is the fee owner of the property described on Exhibit A attached hereto, which property is located in Dakota County, Minnesota (the "Property"). 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 described on Exhibit B attached hereto and described as follows: The westerly 350.00 feet of Outlot B, White Lake Acres, according to the recorded plat thereof Dakota County, Minnesota (the "Easement Area 2. Scope of Easement. Grantor, for itself, 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. CLL-226217v1 RS220 -135 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. 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. 4. Warranty of Title. The Grantor warrants that it is the owner of the Property as described above 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. CLL- 226217v1 RS220 -135 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. 6. Binding Effect; Enforceability. The terms and conditions of this instrument shall run with the land and be binding on the Grantors, and Grantor's heirs, 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 2009. STATE OF MINNESOTA SS. COUNTY OF The foregoing instrument was acknowledged before me this day of 2009, by and the and of a on behalf of Grantor. NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy Graven, Chartered 200 South Sixth Street 470 Pillsbury Center Minneapolis, MN 55402 CLL- 226217v1 RS220 -135 GRANTOR By Its Notary Public EXHIBIT A OUTLOT B, WHITE LAKE ACRES, DAKOTA COUNTY, MINNESOTA. Dakota County Parcel ID: 34- 84000 020 -00