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Home My WebLink About2016-041 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 16-41 RESOLUTION GRANTING WETLAND CONSERVATION EASEMENT SADDLE CLUB RESIDENTIAL DEVELOPMENT WHEREAS, Dupont Holdings, LLC is the developer of the Saddle Club subdivision within Lino Lakes, having platted Saddle Club First Addition; and WHEREAS, developer granted a Conservation Easement to both the Rice Creek Watershed District and the City over a portion of the Saddle Club First Addition, which easement was recorded with the Anoka County Recorder on or about April 13, 2015, as Document No. 2105002.004; and WHEREAS, developer transferred the following parcels (collectively, the Property) to the City via quit claim deed recorded with the Anoka County Recorder on or about April 13, 2015, as Document No. 2105002.006: Outlots A, D, E and G, Saddle Club First Addition, Anoka County Minnesota. ; and WHEREAS, developer has continuing obligations for the preservation and maintenance of wetlands within the Property, including an obligation under the Minnesota Wetland Conservation Act to record a Declaration of Restrictions and Covenants for Project -Specific Wetland Replacement (DORC); and WHEREAS, in order to facilitate Developer's obligations for the DORC, the City desires to grant Developer a wetland conservation easement over the Property. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes that a Wetland Conservation Easement, in the form attached hereto as Exhibit A, is hereby granted to Dupont Holdings, LLC. Adopted by the Council of the City of Lino Lakes this 23rd day of May, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member Maher and was duly seconded by Council Member Rafferty and upon vote being taken thereon, the following voted in favor thereof: Maher, Rafferty, Kusterman, Manthey The following voted against same: none ATTEST: u i. e Bartell, City Clerk Jeff Reinert, CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: May 23, 2016 TOPIC: Resolution No. 15-41 Granting Wetland Conservation Easement VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting consideration of Resolution No. 15-41 granting a Wetland Conservation Easement to Dupont Holdings LLC as part of the Saddle Club development. BACKGROUND In August 2014, the City Council passed Resolution No. 14-63 approving the PUD Final Plan/Final Plat for Saddle Club. Saddle Club is a 55 lot residential subdivision located on 40 acres south of Old Birch Street. A condition of final plat approval was the conveyance of Outlots A, D, E and G of Saddle Club First Addition to the City as part of the City's open space preservation network. This was completed, however, as part of the development approvals the developer is responsible for wetland mitigation and restoration improvements within the Outlots. This includes an obligation under the Minnesota Wetland Conservation Act to record a Declaration of Restrictions and Covenants for Project -Specific Wetland Replacement. Conveyance of the Wetland Conservation Easement will allow the developer to fulfill these obligations. In granting this easement, the City does not assume any of Grantee's obligations or costs for wetland replacement, maintenance or repair within the Property under the Minnesota Wetland Conservation Act. RECOMMENDATION Staff recommends approval of Resolution No. 15-41. ATTACHMENTS 1. Resolution No. 15-41 EXHIBIT A (Reserved for Recording Data) WETLAND CONSERVATION EASEMENT This Wetland Conservation Easement is made and entered into this day of , 2016, by the City of Lino Lakes, a Minnesota municipal corporation (City or Grantor) and Dupont Holdings, LLC, a Minnesota limited liability company (Developer or Grantee). Recitals 1. Developer is the developer of the Saddle Club subdivision within Lino Lakes, having platted Saddle Club First Addition. 2. Developer granted a Conservation Easement to both the Rice Creek Watershed District and the City over a portion of the Saddle Club First Addition, which easement was recorded with the Anoka County Recorder on or about April 13, 2015, as Document No. 2105002.004. 3. Developer transferred the following parcels (collectively, the Property) to the City via quit claim deed recorded with the Anoka County Recorder on or about April 13, 2015, as Document No. 2105002.006: Outlots A, D, E and G, Saddle Club First Addition, Anoka County Minnesota. 4. Developer has continuing obligations for the preservation and maintenance of wetlands within the Property, including an obligation under the Minnesota Wetland Conservation Act to record a Declaration of Restrictions and Covenants for Project -Specific Wetland Replacement (DORC). 5. In order to facilitate Developer's obligations for the DORC, the City desires to grant Developer a wetland conservation easement over the Property. Easement 1. Grantor hereby grants to Grantee a perpetual Wetland Conservation Easement across the entirety of the Property for the purpose of fulfilling Grantee's obligations under the Minnesota Wetland Conservation Act, including those obligations arising out of Grantee's DORC covering all or a portion of the Property. Grantee's rights under this Easement include the right to establish a perpetual conservation easement pursuant to Minnesota Statutes, chapter 84C. 2. Grantee is solely responsible for fulfilling its wetland conservation obligations under the Wetland Conservation Act and any other related obligations imposed by the State of Minnesota's Board of Water and Soil Resources or other regulatory agencies. 3. By this Easement, Grantee is granted access to the Property and permission to create, modify, maintain, repair or replace wetlands and adjacent upland features as required by the approved DORC. Grantee may also grant access to the State and its agents, and other public representatives with Wetland Conservation Act authority, for inspection, monitoring and enforcement purposes. Grantee shall not grant access to the Property by the general public. 4. By granting this Easement, Grantor does not assume any of Grantee's obligations or costs for wetland replacement, maintenance or repair within the Property under the Minnesota Wetland Conservation Act. 5. Grantee shall defend and hold Grantor harmless from and against all liabilities, damages, claims, costs and other similar expenses that are incurred by Grantor by reason of bodily injury or death of any person or damage to or destruction of any property arising from Grantee's exercise of the rights granted under this Easement, except to the extent such liabilities, damages, claims, costs and other similar expenses arise from the negligence or willful misconduct of Grantor. 6. This Easement may not be modified without written consent of both Grantor and Grantee. GRANTOR: CITY OF LINO LAKES, MINNESOTA By: Jeff Reinert, Mayor Attest: By: Julianne Bartell, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 2016, before me, a notary public, personally appeared Jeff Reinert and Julianne Bartell, the Mayor and City Clerk, respectively, of the City of Lino Lakes, Minnesota, named in the foregoing instrument and acknowledged said instrument on behalf of the City. �. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) GRANTEE: DUPONT HOLDINGS, LLC By: Marcel Eibensteiner President and Chief Manager On this day of , 2016, before me, a notary public, personally appeared Marcel Eibensteiner, the President and Chief Manager of Dupont Holdings, LLC, Grantee in the foregoing instrument, and acknowledged said instrument on behalf of Dupont Holdings, LLC. Notary Public Thi s i nst r urrent drafted by: Rat W k, Roszak & Mal oney, P. 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