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HomeMy WebLinkAbout2003-090 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 03-90 RESOLUTION ACCEPTING A PERPETUAL EASEMENT FOR CONSERVATION — HOLTE POND WETLAND BANK WHEREAS, the perpetual easement for conservation is required to allow the city to use the wetland credits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. To approve the perpetual easement for conservation. Adopted by the Lino Lakes City Council this 9th day of June, 2003. Ann J. BIai,City Clerk John.'. Be : eson, Mayor (Above Space is Reserved for Recording Information) PERPETUAL CONSERVATION EASEMENT FOR WETLAND BANK Grantor: City of Lino Lakes Location: within Section 24, Township 31, Range 22, County of Anoka This Perpetual Conservation Easement for Wetland Bank ( "Easement") is made on (date) by the undersigned, hereinafter referred to collectively as the "Grantor": • RECITALS A. This Easement is made pursuant to and in furtherance of the Wetland Conservation Act of 1991, as amended, Minn. Stat. §103G.222,. et. seq. ("WCA ") and the rules implementing WCA, • Minn. R. ch. 8420 ( "WCA Rules"). B. This Easement pertains all or part of the real property in Anoka County, Minnesota, which is legally described on Exhibit A attached hereto and made a part hereof ( "Real Property"). C. The Real Property is the subject of a wetland bank plan pursuant to Minn. R.8420.0740. D. The Grantors include all of the following (1) all the fee owners of the Real Property and (2) the applicants under the bank plan if different from the fee owners. The team "Grantor" includes all of the Grantors if there is more than one. The Grantors are jointly and severally responsible for complying with the terms of this instrument. This Easement and the duties and restrictions contained in it shall also run with the land. • E. WCA is administered by the State of Minnesota through its Board of Water and Soil Resources ( "State "). BWSR Form: wca -bank 06 (easement).doc Revised 2/12/03 Page 1 of 6 F. The local government unit ( "LGU") charged under WCA with approval of the subject • wetland bank plan ("bank plan ") is Rice Creek Watershed District. The subject bank plan includes all fully executed forms provided by the State, all supporting maps, engineering plans, drawings, monitoring plan, vegetation establishment plan and management plan and facilities maintenance plan. A complete copy of the bank plan is on file at the LGU. The address of the LGU is: 3585 Lexington Avenue North, Suite 330, Arden Hills, MN 55126- 8056.The State is responsible for the acceptance of this Easement. G. The bank plan requires the restoration or creation of a wetland on the portion of the Real Property designated in Exhibit B attached hereto and made a part hereof ("Bank Area"). The bank plan may also require the establishment of upland buffer within the Bank Area. This Easement pertains to both wetlands and uplands within the Bank Area." H. The Bank Area is subject to WCA, WCA Rules and all other provisions of law that apply to wetlands, except that the exemptions in Minn. Stat. §103G.2241 and Minn. R. 8420.0122 do not apply to the Bank Area, pursuant to Minn. Stat. §103G.222, subd. 1(h) and Minn. R. 8420.0115. L All references in this Easement to Minnesota Statutes and to Minnesota Rules are to the statutes and rules currently in effect and as amended or renumbered in the future. J. The purposes of this Easement are to maintain and improve the ecological values of the Bank Area through the means identified in the bank plan and to preserve the Bank Area in. a natural • condition in perpetuity. • IN ADDmON, THE GRANTORS, FOR THEMSELVES, THEIR HEIRS, SUCCESSORSAND ASSIGNS COVENANT THAT THEY: 1. Shall establish and maintain wetlands and upland buffers within the Bank Area as specified in the bank plan approved by the LGU and on file at the offices of the LGU. The wetland and any upland buffer area qhall be the size and type specified in the bank plan Grantor shall not make any use of the Bank Area that would adversely affect any of the functions or values of the area. Those functions and values are identified in Minn. R. 8420.0540, subp. 10, or specified in the approved bank plan. 2. Shall pay the costs of establishment, maintenance, repairs and reconstruction of the wetlands and upland buffers within the Bank Area, which the LGU or the State may deem necessary to comply with the specifications for the Bank Area in the approved bank plan. The Grantor's obligations under this paragraph include the payment of any lawful taxes or assessments on the Real Property. 3. Shall establish and maintain visible monuments such as signs, numbered fence posts or survey posts at prominent locations along the boundary of the Bank Area in accordance with the approved bank plan. If numbered fence posts are used, Grantor's Bank Plan must contain a survey or scaled drawing of the property that corresponds to the fence post numbering. Posts must be at least 4 feet high and.notably visible on the landscape. If signs are used, such signs must be have a surface area of at least one quarter (Y4) square feet, mounted on a fence post at least 4 feet above ground, and BWSR Form: wca bank 06 (easement).doc Revised 2/12/03 Page 2 of 6 minimally contain the words `Boundary of Wetland Bank Area - Subject to Perpetual Conservation • Easement Restrictions — Contact MN Board of Water and Soil Resources or Local Soil and Water Conservation District for Further Information." Said monuments must be made of non - degradable material and shall be at least four feet in height. 4. Grants to the LGU, the State, and the agents and employees of the LGU and the State, reasonable access to the Bank Area for inspection, monitoring and enforcement purposes. The LGU, the State, and the agents and employees of the State are hereby granted a perpetual ingress and egress easement ( "Access Easement ") for access to and from the Bank Area. The Access Easement shall be over and across the area ( "Access Area ") that is specified on Exhibit A attached hereto and made a part hereof or, if not specified on Exhibit A, the most reasonably direct and convenient route between the Bank Area and a public road. If all or any part of the Access Area is owned by a person or entity other than Grantor, then the owner has joined in this Easement for purposes of granting the Access Easement by signing below. The signed written consent and subordination of all other holders of interests in the Access Area has been or will be obtained by Grantor and recorded in the same manner as specified in paragraph 5 below. This Easement grants no access to or entry to the Real Property, the Bank Area, or the Access Area to the general public. 5. Represents that Grantor is (a) the fee owner of the Real Property and (b) the applicant under the replacement plan or bank plan, if different from the fee owner. 'Grantor represents that all other parties who may have. an interest in the Real Property (e.g., mortgagees, contract for deed vendees, holders of easements, etc.) have consented and subordinated their interests to this Easement • by signing below. If it is determined at any time that there is any other party who may have an interest in the Real Property that is prior to this Easement, then Grantor shall immediately obtain and record a consent and subordination agreement signed by such other party. Acceptance of this Easement does not release Grantor from the obligation to obtain and record a consent and subordination agreement signed by any party who may have an interest in the Real Property that is prior to this Easement, even if such interest was of record at the time of acceptance. 6. Will record this easement at Grantor's expense in the real property records of the county where the Real Property is located. Said recording shall take place within 30 . days of the State's acceptance of this Easement. The Grantor shall provide the original copy of the recorded easement to the State prior to making any credits from this bank available for sale or use. • 7. Acknowledge that this Easement shall be unlimited in duration, without being re- recorded. This Easement shall be deemed to be a perpetual conservation easement pursuant to Minn. Stat. ch. 84C. 8. . Acknowledge that, unless expressly authorized in writing by the LGU in the approved bank plan, Grantor. (a) Shall not produce agricultural crops on the Bank Area, except that this provision does not restrict the harvest of the seeds of native vegetation if only the seed -head is removed in the process of harvest and does not involve the use vehicular, motorized equipment; Shall not cut hay, mow vegetation or cut timber on the Bank Area except as allowed or prescribed in the Bank Plan; Page3of6 (b) BWSR Form: wca- bank -06 (easement).doc Revised 2/12/03 (c) Shall not make any vegetative alterations on the Bank Area that do not enhance or would degrade the ecological functions and values of the Bank Area. Vegetative alterations shall be limited to those listed in the approved bank plan; ' (d) Shall not graze livestock on the Bank Area; (e) Shall not place any materials, substances or other objects, nor erect or construct any type • of structure, temporary or permanent, on the Bank Area. (f) Shall not allow vehicular traffic on the Bank Area except for the purpose of implementing construction or maintenance activities specifically authorized in the bank plan. (g) Shall not alter the topography of the Bank Area by any means including plowing, dredging, filling, mining or drilling. (h) Shall not modify the hydrology of the Bank Area in any way or by any means including pumping, draining, ditching, diking, impounding or diverting surface or ground water into or out of the Bank Area. 9. Acknowledge that the Grantor is responsible, at Grantor's cost, for.weed control by complying with noxious weed control laws and emergency control of pests necessary to protect the • public health on the Bank Area. 10. Acknowledge that this Easement may be modified only by the joint written approval of the LGU and the State. If the Bank Area has been used to mitigate wetland losses under the Federal Water Pollution Control Act, the U.S. Army Corps of Engineers (or successor agency) must also agree to the modification in writing. 11. Acknowledge that this Easement may be enforced, at law or in equity, by the LGU or the State. The LGU and the State shall be entitled to recover an award of reasonable attorney's fees from Grantor in any action to enforce this Easement. The right to enforce the terms of this Easement is not waived or forfeited by any forbearance or failure to act on the part of the State or LGU. If the subject Bank Area is to be used partially or wholly to fulfill permit requirements under the Federal Water Pollution Control Act or a federal farm program, then the provisions of this Easement that run to the State or the LGU may also be enforced by the United States of America in a court of competent jurisdiction. 12. Acknowledge that this Easement is not valid, nor can an account for wetland credits be established until the Easement has been accepted by the State, the Grantor has recorded this Easement and the State has received evidence of such recording. BWSR Form: wca- bank -06 (easement).doc Revised 2/12/03 Page 4 of 6 SIGNATURE OF GRANTOR SIGNATURE OF FEE OWNER(S): STATE OF MINNESOTA ) ) ss. COUNTY OF ) This instrument was acknowledged before me. this day of by (name(s) with marital status). Notarial Stamp or Seal SIGNATURE OF BANK APPLICANT (S), • IF DIFFERENT FROM FEE OWNER: STATE OF MINNESOTA ) ) ss. COUNTY OF ) Notary Public This instrument was acknowledged before me this day of by (name(s) with marital status). Notary Public Notarial Stamp or Seal Page 5 of 6 BWSR Form: wca -bank 06 (easement).doc Revised 2/12/03 ACCEPTANCE The State accepts the foregoing Easement. MINNESOTA BOARD OF WATER AND SOIL RESOURCES: By Its: STATE OF MINNESOTA ) ) ss. - COUNTY OF This instrument was acknowledged before me this day of , by (name of person) as (title) of the Board of Water and Soil Resources. Notary Public Notarial Stamp or Seal This instrument was drafted by the Board of Water and Soil Resources One West Water Street, St. Paul, MN 55107 If there are additional holders of interest the subject real property CHECK HERE [ ] and attach their Consent and Subordination agreement [BWSR Form Number: wca -bank 03 (consent).doc]. BWSR Form: wca -bank 06 (easement).doc Revised 2/12/03 Page6of6 EXIT A Legal Description of Real Property Lino Lakes Wetland Bank That part of the Northeast Quarter of the Southeast Quarter of Section Twenty -four (NE 'A SE 1/4 Sec. 24), Township Thirty -one (Twp. 31) North, Range Twenty -two (Rng. 22) West, Anoka County, Minnesota, described as commencing at the Northwest Comer of said Northeast Quarter of the Southeast Quarter (NE %a SE 1A); thence on an assumed bearing of South 0 degrees 45 minutes 40 seconds West along the West line thereof 380 feet; thence North 89 degrees 47 minutes 03 seconds East 520 feet to the point of beginning of the land to be described; thence South 0 degrees 45 minutes 40 seconds West 184.26 feet to the North line of the 50 foot Northern States Power Company right-of- way as described in Book 54, Page 121; thence South 54 degrees 39 minutes 37 seconds West along said North line 372.06 feet;. thence North 74 degrees 52 minutes 58 seconds East 1148.50 feet to. the East line of said Northeast Quarter of Southeast Quarter; thence North 0 degrees 56 minutes 47 seconds East along said East line 461.50 feet to the intersection with the centerline of said Northern States Power Company right -of -way; thence South 54 degrees 39 minutes 37 seconds West along said centerline 623.01 feet to the intersection with a line that bears North 89 degrees 47 minutes 03 seconds East from the point of beginning; thence South 89 degrees 47 minutes 03 seconds West 302.22 feet to the point of beginning; except the East 33 feet thereof, EXCEPT that part contained within a strip of land 50 feet in width running over and across the Northeast'/ of Southeast %a of Section 24, Township 31, Range 22 Anoka County, Minnesota; said strip of land being 25 feet in width on each side of a center line which crosses the above described tract and is described as follows, to wit; Commencing at a stake on the East line of said Section, 21% feet South of the East Quarter Section comer thereof, running thence South 52 degrees, 27 minutes West 4599.2 feet to a stake on the South line of said Section, 1592.7 feet East of the Southwest corner thereof. That part of the Northeast Quarter of the Southeast Quarter of Section 24, Township 31, Range 22 Anoka County, Minnesota described as commencing at the Northwest comer of said Northeast Quarter of the Southeast Quarter, thence on an assumed bearing of South 0 degrees 45 minutes 40 seconds West along the West line thereof 380 feet to the point of beginning of the land to be described; thence North 89 degrees 47 minutes 03 seconds East 520 feet; thence South 0 degrees 45 minutes 40 seconds West 184.26 feet to the North line of the 50 foot Northern States Power Company right -of -way as described in Book 54, Page 121; thence South 54 degrees 39 minutes 37 seconds West along said North line 372.06 feet; thence South 74 degrees 52 minutes 58 seconds West 228.02 feet to the West line of said Northeast Quarter of Southeast Quarter, thence North 0 degrees 45 minutes 40 seconds East along said West line to the point of beginning. ieke a/l c'rIc ncee - hscr%e area. curt kJ 4i fpihr,©? City of Lino Lakes Declaration of Restrictions and Convenants for Wetland Bank EXHIBIT "B" (diagram of wetland bank acres) Section 24 T. 31 N., R. 22 W_, Anoka Map 1 _of 1 County Prepared By Board of Water and Soil Resources • Dated: April 22, 2003 LEGEND 0 660 Center of Section Section /Quarter /Sixteenth Line AGENDA ITEM 7J STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: June 9, 2003 TOPIC: Resolution No. 03 -90, Accepting a Perpetual Easement for Conservation, Holte Pond Wetland Bank VOTE REQUIRED: Simple Majority BACKGROUND: As part of filling the Holte Pond, the Minnesota Board of Water & Soil Resources is requiring a Perpetual Conservation Easement For Wetland Bank over the wetland banking area located by Otter Lake Road. The easement will cover the 4.82 acres that the City has created as a wetland banking area. The City is using this banking area for replacement of the area being filled in at the Holte Pond location. It is staff's recommendation to accept the Perpetual Conservation Easement For Wetland Bank which will allow the City to use the wetland credits. OPTIONS: 1. Retum to staff for further review. 2. Adopt Resolution Number 03 -90, approving perpetual easement for conservation. 3. Not adopt Resolution Number 03 -90. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution No. 03 -90 be adopted.