HomeMy WebLinkAbout2015-041 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO. 15-41
APPROVING GRANT OF CONSERVATION EASEMENT AND APPROVAL OF
SUBORDINANTION AGREEMENT
WOLLAN PARK WETLAND BANK
WHEREAS, the City has applied for and received approval to establish a wetland bank on
property legally described as:
Outlot A, Wollan Estates
; and
WHEREAS, establishment of the wetland bank requires the dedication of a perpetual
conservation easement over the bank area to the State of Minnesota; and
WHEREAS, the property contains public drainage and drainage and utility easements which
must be subordinate to the conservation easement; and
WHEREAS, the purposes of this easement are to maintain and improve the ecological values
of the Bank Easement Area through the means identified in the bank plan and to preserve the
Bank Easement Area in a natural condition in perpetuity.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes,
Minnesota approves the conveyance of a perpetual conservation easement and authorizes the
Mayor and City Clerk to execute the easement on behalf of the City.
NOW, THEREFORE, BE IT FURTHER RESOLVED by The City Council of The City of
Lino Lakes, Minnesota hereby approves the Consent and Subordination agreement and
authorizes the Mayor and City Clerk to execute the agreement on behalf of the City.
Adopted by the Council of the City of Lino Lakes this 13th day of April, 2015
The motion for the adoption of the foregoing resolution was introduced by Council Member
Kusterman and was duly seconded by Council Member Roeser and upon vote
being taken thereon, the following voted in favor thereof:
Kusterman, Roeser, Rafferty, Stoesz, Reinert
The following voted against same:
none
Jeff Reinert, Mayor
ATTEST:
Ju nne Bartell, Ci y Clerk_
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CITY COUNCIL
AGENDA ITEM 6B
STAFF ORIGINATOR: Michael Grochala
MEETING DATE: April 13, 2015
TOPIC: Consider Resolution No. 15-41, Approving Conservation
Easement and Subordination Agreement Outlot A, Wollan
Estates.
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting council consideration to grant a perpetual conservation easement and
approve a subordination agreement with the State of Minnesota for the Wollan Park Wetland
Bank
BACKGROUND
Wollan Estates is a residential subdivision located north of Main Street and west of Lake Drive
including properties along Diane Street. The subdivision includes a 17 acre undeveloped City
park. Wollan Park is included in the City's Comprehensive Plan for future natural park/open
space purposes.
The property is mostly comprised of a high quality wetland complex. In 2010 the City began
evaluating the opportunity to restore the wetland and establish wetland bank credits. These
credits could be used to offset wetland impacts on other city projects and/or be sold through the
state's wetland bank system. The 17 acre bank was approved by the Rice Creek Watershed
District in January of 2014 and restoration activities are underway. The last step in the process
is to dedicate the easement to the state.
RECOMMENDATION
Staff is recommending approval of Resolution No. 15-41
ATTACHMENTS
1. Resolution No. 15-41
2. General Location Map
3. Perpetual Conservation Easement
4. Subordination Agreement
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(Above Space is Reserved for Recording Information)
PERPETUAL CONSERVATION EASEMENT
FOR WETLAND BANK
Grantor: City of Lino Lakes BWSR Easement #02-02-14-05
Grantee: State of Minnesota, acting by the Board of Water and Soil Resources, hereinafter
referred to as "State".
• Location: within Section 4 , Township 31 , Range 22 , County of Anoka
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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 to all or part of the real property in Anoka County, Minnesota,
which is legally described on Legal Description 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.8420.0700
to Minn. R.8420.0755.
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 term "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.
BWSR Form: wca-bank-13 (easement).doc
Revised 3/12/14
Page 1 of 7
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E. WCA is administered by the State.
F. The local government unit ('`LGU") charged under WCA with approval of the subject
wetland bank plan ("bank plan") is the City of Lino Lakes. 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: Lino Lakes City Hall, 600
Town Center Parkway, Lino Lakes, MN 55014. The State is responsible for the acceptance of this
Easement.
G. The bank plan requires the restoration or creation of a wetland on the Real Property
("Bank Easement Area"). The bank plan may also require the establishment of upland buffer within
the Bank Easement Area. This Easement pertains to both wetlands and uplands within the Bank
Easement Area.
H. The Bank Easement 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 do not apply to the
Bank Easement Area, pursuant to Minn. Stat. § 103G.222, subd. 1(h).
I. 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 Easement Area through the means identified in the bank plan and to preserve the Bank Easement
Area in a natural condition in perpetuity.
IN ADDITION, THE GRANTORS, FOR THEMSELVES, THEIR HEIRS, SUCCESSORS AND
ASSIGNS COVENANT THAT THEY:
1. Shall establish and maintain wetlands and upland buffers within the Bank Easement
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 shall be the size and type specified in the bank plan. Grantor shall
not make any use of the Bank Easement Area that would adversely affect any of the functions or
values of the area. Those functions and values are identified in Minn. R. 8420.0522 subp. 1, 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 Easement Area, which the LGU or the State may deem
necessary to comply with the specifications for the Bank Easement 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 Easement 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
Page 2 of 7
BWSR Form: wca-bank-13 (easement).doc
Revised 3/12/14
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area of at least one quarter ('/) square feet, mounted on a fence post at least 4 feet above ground, and
minimally contain the words "Boundary of Wetland Bank Easement 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 Easement 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 Easement Area. The
Access Easement shall be over and across the area ("Easement Access Area") that is specified on the
Legal Description and/or Exhibit A attached hereto and made a part hereof or, if not specified on the
Legal Description and/or Exhibit A, the most reasonably direct and convenient route between the Bank
Easement Area and a public road. If all or any part of the Easement Access Area is owned by
person(s) or entity(ies) other than Grantor, then such owner(s) have, with respect to their property
within the Easement Access Area, either (i) joined in this Easement for purposes of granting an Access
Easement by signing below or (ii) granted an Access Easement under a separate recorded document
(including, without limitation, a conservation easement granted in favor of the State). The signed
written consent and subordination of all other holders of interests in the Easement Access Area has
been or will be obtained by Grantor and recorded in the same manner as specified in paragraph 6
below. This Easement grants no access to or entry to the Real Property, the Bank Easement Area, or
the Easement Access Area to the general public.
5. Grants to the LGU, the State, and the agents and employees of the LGU and the State, a
perpetual right of ingress and egress over and across the Bank Easement Area and the Easement
Access Area (to the extent the Grantor is the fee owner thereof) for purposes of accessing any WCA
Easement Area now or hereafter adjacent to the Bank Easement Area and/or Easement Access Area.
For purposes herein, the term "WCA Easement Area" means any real property subject to an easement
in favor of the State made pursuant to the WCA. Grantor agrees to execute and deliver any additional
documents the State may require to further document this right of ingress and egress. Any termination,
revocation or release of this Easement (or equivalent thereof) shall be expressly conditioned upon
Grantor executing a recordable agreement continuing this right of ingress and egress after any such
termination, revocation or release.
6. 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. Reserved.
BWSR Form: wca-bank-13 (easement).doc
Revised 3/12/14
Page 3 of 7
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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 Easement 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;
(b) Shall not cut hay, mow vegetation or cut timber on the Bank Easement Area except as
allowed or prescribed in the Bank Plan;
(c) Shall not make any vegetative alterations on the Bank Easement Area that do not
enhance or would degrade the ecological functions and values of the Bank Easement
Area. Vegetative alterations shall be limited to those listed in the approved bank plan;
(d) Shall not graze livestock on the Bank Easement 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 Easement Area;
• (f) Shall not allow vehicular traffic on the Bank Easement Area except for the purpose of
implementing construction or maintenance activities specifically authorized in the bank
plan;
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(g)
Shall not alter the topography of the Bank Easement Area by any means including
plowing, dredging, filling, mining or drilling; and
(h) Shall not modify the hydrology of the Bank Easement 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 Easement 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 Easement Area.
10. Acknowledge that this Easement may be modified only by the joint written approval of
the LGU and the State. If the Bank Easement 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
BWSR Form: wca-bank-13 (easement).doc
Revised 3/12/14
Page4of7
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subject Bank Easement 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 Easement has been recorded and the
State has received evidence of such recording.
BWSR Form: wca-bank-13 (easement).doc
Revised 3/12/14
Page 5 of 7
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SIGNATURE OF GRANTOR
CITY OF LINO LAKES
SIGNATURE OF FEE OWNER(S):
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
Julianne Bartell, City Clerk
CITY OF LINO LAKES
Jeff Reinert, Mayor
This instrument was acknowledged before me this day of , 2015 by Jeff
Reinert as Mayor, and Julianne Bartell as City Clerk, of the City of Lino Lakes, Minnesota.
Notary Public
My commission expires:
Notarial Stamp or Seal
SIGNATURE OF BANK APPLICANT (S),
IF DIFFERENT FROM FEE OWNER:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
This instrument was acknowledged before me this day of , 20 by
(name(s) with marital status).
My commission expires:
Notarial Stamp or Seal
BWSR Form: wca-bank-13 (easement).doc
Revised 3/12/14
Notary Public
Page 6 of 7
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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 , 20
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
520 Lafayette Road, St. Paul, MN 55155
If there are additional holders of interest the subject real property CHECK HERE 1 ] and attach their
Consent and Subordination agreement [BWSR Form Number: wca-bank-03 (consent).doc].
BWSR Form: wca-bank-13 (easement).doc
Revised 3/12/14
Page 7 of 7
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LEGAL DESCRIPTION
Legal Description of Real Property
EXHIBIT A
iMap or Survey of Bank Easement Area
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Minnesota Wetland Conservation Act
Consent and Subordination Agreement for Wetland Bank
This Consent and Subordination Agreement is made this day of , 2015, by the undersigned.
RECITALS
A. The land known as Wollan Estates in the City of Lino Lakes, County of Anoka, was platted in 1980 and includes a parcel known
as Outlot A.
B. Outlot A was platted with a drainage easement over an existing wetland, as well as drainage and utility easements along the
eastern and southern edges, all dedicated to the public.
C. The City of Lino Lakes subsequently acquired fee title to Outlot A.
D. The City intends to restore or create, or has restored or created, a Wetland Bank on Outlot A, except for that area
encompassed by the existing Minnesota Pipe Line Easement as shown on the plat, (net area referred to herein as the
Wetland Bank Property") to provide for wetland mitigation or to establish wetland credits under Minnesota Statutes, section
103G.222, and Minnesota Rule 8420.0530.
CONSENT AND SUBORDINATION
The City, on behalf of the public, consents to the creation of the Wetland Bank. The undersigned acknowledges that the
public's interest in the Wetland Bank Property on which the Wetland Bank is located is subject to all federal, state and local laws and
regulations regarding wetlands, including a Perpetual Conservation Easement ("Easement") to which this Consent and Subordination
Agreement is attached. The City also agrees that all interest in the Wetland Bank Property will be subordinate to the provisions in
said Easement. The City, as the fee title holder named above, has full right to hold and dispose of all wetland credits associated with
the Wetland Bank Property.
IN TESTIMONY THEREOF, the undersigned municipal corporation has caused this instrument to be executed in its
corporate name by Jeff Reinert, its Mayor, and Julianne Bartell, the City Clerk, on this day of
, 2015.
City of Lino Lakes
(Name of Corporation)
By By
Its Mayor Its City Clerk
STATE OF MINNESOTA
)ss
COUNTY OF ANOKA
ACKNOWLEDGMENT
The foregoing instrument was acknowledged before me this
day of , 2014,
by Jeff Reinert, Mayor and by Julianne Bartell, City Clerk, for the City of Lino Lake, a municipal corporation under the laws of
Minnesota, on behalf of the corporation.
(Notary Stamp or Seal)
This instrument was drafted by:
Board of Water and Soil Resources
520 Lafayette Road
St, Paul, MN 55155
Notary Signature
My Commission expires on