HomeMy WebLinkAboutItem 10 - Wildflower CPASources: Washington County & Metro GIS6-6-2014
Proposed ComprehensivePlan AmendmentWldflower at Lake Elmo Concept Plan
Map 3-3
TH 5Lake Elmo Ave39th St
Proposed Amendment: RAD to V-LDR
Proposed Amendment: RAD to V-MDR
Planned Land Uses
Residential Estate
Rural Area Development
Rural Area Development Alt
Rural Single Family
Public/Park
Urban High DensityUrban Medium Density
Commercial
Limited Business
Business Park
Urban Low Density
Village Mixed Use
Village Urban Low Density
Village Urban Medium Density
WILDFLOWER
PLANT LIST
( Dry mesic soils )
A. Sugar Maple – 1” – 1 ½”
B. American Basswood - #2
C. Swamp Oak
D. Crab Apple
Donald Wyman
Spring Snow
Red Splendor
E. Japanese Lilac
F. Black Hills Spruce and/or Colorado Spruce – 5’-6’
G. Shrubs
1. Chokecherry
2. Highbush Cranberry
3. Dogwood
4. Lilac
5. Service Berry (multi-stem) - #2
6. Fragrant Sumac - #2
7. Grow Low Sumac ( ground cover ) - #1
8. Arrowwood Viburnum - #2
9. Nannyberry Viburnum - #2
10. Big Bluestem ( grass )
WILDFLOWER
Plant Quantities & Layout
Note:
Plans as shown are illustrated with plant materials deemed appropriate for
soil conditions existing at sites (dry mesic soils). The attached list names
these materials. The developer would like to have the flexibility to substitute
within this group if better or larger selections are available at time of
planting. The homeowner will be asked for substitution approval. Planting
schedule will occur at such time when the site is in final graded condition
and weather is cooperative. Actual tree planting locations will be done in the
field with property owner’s input.
Dupuis Property:
Developer will plant a screen grouping at NE corner of property to screen an
existing sitting area. Plant screen will wrap lot corner west and north.
Recommended plant materials will be spruce trees 5'-6' ht and sugar maple 1
1/2” cal. An additional understory plant screen will be planted in front of
existing norway pines to screen approx. 6'-8' of open area between ground
and existing top mass of trees. Plant material selection will be selected from
group G.
Eischen Property:
Developer will plant spruce evergreen trees at SW corner of lot to provide
screening of car head lights. Screen will wrap corner as shown on site plan.
Other plantings along west property line will be determined after an
assessment of existing trees is made and determined what plants will be
appropriate.
Smith Property:
Developer has provided a south buffer area along the total south line of
property. Exact berming and plantings along with a new road easement is in
the process of final negotiations.
AMENDED AND RESTATED OPEN SPACE EASEMENT FIELDS OF ST. CROIX
2ND ADDITION
THIS AMENDED AND RESTATED OPEN SPACE EASEMENT is entered into
this _____________ DAY OF _______________, 2014 by and between the Robert
Engstrom Companies. a Minnesota Corporation, ("Owner"), The Fields of St. Croix
Community Association, a Minnesota Non-Profit Corporation, (”Association”), and the City of Lake Elmo, a Minnesota statutory city (the “City") (hereinafter collectively
referred to as the “Parties”).
WITNESSETH
1. This Amended and Restated Open Space Easement amends and restates those
certain Open Space Easements filed with the Washington County Recorder as
Document Numbers 3094199 and 3298378.
2. Owner and Association are the fee owners of the following described Real
Property located in Washington County, Minnesota (the “Protected Land”).
Outlots A, D, F, I, J, K, M, O, [part of P to be determined at the time of the plat of
Wildflower at Lake Elmo], all in the Fields of St. Croix 2nd Addition; and Outlot C, Bluestem at the Fields of St. Croix.
3. The Protected Land is primarily farmland, woodland and open space as defined in
the Comprehensive Use Plan and Open Space Preservation District Regulations (both herein “City Development Regulations”).
4. The natural, scenic and agricultural qualities, and the forested and open space
character ("Conservation Values”) of the Protected Land are described in the
City's Development File for The Fields of St. Croix 2nd Addition ("Development File"). The City intends to use the description of the Protected Property as contained in the City's Development File for monitoring the subsequent uses of
the Protected Land and enforcing the terms of this Open Space Easement.
Notwithstanding this intent, the Parties may use other relevant evidence to
establish the present condition of the Protected Land in the event of a disagreement as to whether a subsequent activity or use is inconsistent with the terms of this Open Space Easement.
5. Owner and Association intend to convey to the City the right to preserve and
protect the Conservation Values of the Protected Land in perpetuity and to prevent or remedy subsequent activities or uses that are inconsistent with the terms of this Open Space Easement.
6. The grant of this Open Space Easement will further the purpose and intent of the
City's Development Regulations.
7. The parties acknowledge that as a Local unit of government, the City has a direct interest in the enforcement of the terms of this Open Space Easement and that the
City is in a position to monitor compliance with the terms of this Open Space
Easement.
NOW, THEREFORE, in consideration of their mutual covenants and pursuant to the provisions of the City's Development Regulations, Owner and Association convey and
warrant to the City and the City accepts a perpetual open space easement on the Protected
Land of the character and to the extent set forth herein.
1. Intent. The parties intend to permanently retain the Protected Land in its predominantly natural, scenic, agricultural, forested, and open space condition
and to prevent or remedy any subsequent activity or use that significantly impairs
or interferes with the Conservation Values of the Protected Land. Owner and
Association intend to restrict all subsequent use of the Protected Land to activities
consistent with the terms of this Open Space Easement.
2. City’s Rights. To accomplish the parties' intent, Owner and Association convey
the following rights to the City as specified below:
a. The City shall preserve and protect the Conservation Values of the Protected Land, pursuant to the terms of this Open Space Easement.
b. The City may enter the Protected Land at reasonable times to monitor
subsequent activities and uses and to enforce the terms of this Open Space
Easement. The City shall give reasonable notice to Owner and Association of all such entries and shall not unreasonably interfere with Association’s
and Owner's use and quiet enjoyment of the Protected Land.
c. The City may act, pursuant to Paragraph 19, to prevent or remedy all,
subsequent activities and uses of the Protected Land not consistent with.
the terms of this Open Space Easement.
3. Prohibited Uses. Owner and Association shall not perform or knowingly allow
others to perform acts on the Protected Land that would significantly impair or
interfere with the Conservation Values of the Protected Land. This general restriction is not limited by the more specific restrictions set forth in Paragraphs
4-14. The Parties acknowledge that the present use of the Protected Land is
consistent with the terms of this Open Space Easement and the City's
Development Regulations.. The Owner and Association may, subject to the
restrictions set forth in Paragraphs 4-14, continue making such use of the Protected Land.
4. Residential, Commercial & Industrial Use. Owner and Association shall not
subdivide all or part of the Protected Lands for residential, commercial or
industrial development. Owner and Association shall not subdivide, either legally
or physically, the Protected Land for any other reason without each other’s prior
written approval. Owner and Association shall not engage in commercial or
industrial activities on the Protected Land, other than the activities relating to agricultural operations as set forth in Paragraph 7. Owner and Association shall
not engage in the exploration or extraction of soil, sand, gravel, rock minerals,
hydrocarbons or any other natural resource on or from the Protected Land. Owner
and Association shall not grant rights of way on the Protected Land in conjunction
with commercial or industrial activities, or residential development, or any other purpose inconsistent with the Conservation Values, on Lands other than the
Protected Land, except for access to adjacent parcels owned by Owner and
Association.
5. Construction. Owner and Association shall not construct or install additional buildings or improvements of any kind including, without limitation, fences,
driveways, parking lots, and roads, on the Protected Land, except as specified
herein. Owner and Association may maintain, repair, and replace existing roads
but shall not widen them unless doing so lessens the environmental impact of the
road on the Protected Land and Owner and Association have obtained each other’s, and the City’s, prior written approval. Owner and Association may
maintain, renovate, expand or replace existing agricultural and related buildings
or improvements in substantially their present Location. Any expansion or
replacement of an existing building or improvement shall not substantially alter
its character or function, and shall not exceed its current square footage, without the prior written approval of all of the Parties to this Agreement..
6. Utility Systems. Owner and Association may maintain, repair, and replace utility
systems in place as of the date of this Amended and Restated Open Space
Easement on the Protected Land including, without limitation, water, sewer, power, fuel, and communications lines and related Facilities. Owner and
Association shall not install new utility systems or extensions or expansions of
existing utility systems on the Protected Land including, without limitation, water,
sewer, power, fuel, and communications lines and related facilities, without each
other’s prior approval. Owner and Association may install, maintain, and replace irrigation systems used on the Protected Land. Owner and Association may install
sewage systems on or under the Protected Land which comply with all existing
federal, state and local regulations regarding water quality and other
environmental concerns, and which do not disrupt other activities permitted under
the terms of this Open Space Easement.
7. Agricultural Use. Owner and Association may conduct agriculture operations,
except livestock operations, on the Protected Land provided that such use is in
compliance with the City's Development Regulations and with each other’s prior
written approval.
8. Surface Alteration. Owner and Association shall not alter the surface of the
Protected Land including, without limitation, the filling, excavation, or removal of
soil, sand, gravel, rocks, or other material. Notwithstanding the forgoing, surface
alteration on Outlots O and P may be conducted as may be reasonably required in
the course of activities or uses permitted under the terms of this Open Space
Easement or as reasonably required during the initial development of the adjacent
property owned by Owner or Association. Such initial development period shall expire no later than the 30th day of September, 20__.
9. Soil and Water Degradation. Owner and Association shall not engage in activities
or uses that cause or are likely to cause soil degradation, erosion, or water
pollution, either on the surface or underground, except for activities or uses reasonably required in the course of Agricultural Operations permitted by
Paragraph 7.
10. Waste Removal. Owner and Association shall not dump or dispose of refuse or
other waste material on the Protected Land although, subject to applicable laws and regulations, Owner and Association may dispose of brush and other plant
material from the Protected Land by burning or composting if such material
results from Agricultural Operations permitted by Paragraph 7 or other activities
or uses permitted by this Open Space Easement. Subject to the applicable laws
and regulations, Owner and Association may store and make use of agricultural products and by-products including, without limitation, crops, silage, fertilizers,
Lime, and manure on the Protected Land if such material results from or is to be
used in agricultural operations permitted by Paragraph 7.
11. Water Bodies and Courses. Owner and Association shall not alter existing bodies of water or water courses or construct new bodies of water or water courses on the
Protected Land except as reasonably required for the activities or uses permitted
by the terms of this Open Space Easement or to enhance wildlife habitat or water
quality.
12. Trees, Shrubs, and Vegetation. Owner and Association shall not remove, destroy,
cut, mow, or alter trees, shrubs, and other vegetation except (i) for areas
immediately adjacent to buildings or improvements permitted by Paragraph 5, (ii)
as reasonably required for agricultural operations permitted by Paragraph 7, (iii)
to prevent or control insects, noxious weeds, diseases, fire, personal injury, or property damage, (iv) for firewood or construction material intended for
residential use on the protected Land or adjacent land (v) as reasonably required
to construct and maintain the trails permitted in Paragraph 13, (vi) selective
cutting for harvest pursuant to sound forest management practices, and (vii) for
other activities or uses permitted by the terms of this Open Space Easement.
13. Recreational Uses. Owner and Association may establish and maintain trails for
fire breaks, walking, horseback riding, cross-country skiing, and other non-
motorized recreational activities on or across the Protected Land. Owner and
Association shall not use or allow others to use motorcycles, all-terrain vehicles, or other motorized vehicles on the Protected Land except as reasonably required
for other activities or uses permitted by the terms of this Open Space Easement.
14. Signs. Owner and Association shall not erect or install any signs or billboards on
the Protected Land without consent of the City.
15. City's Approval. The Owner and Association may not change the use of the Protected Land as described in the City's Development file without prior written
approval of the City so that the City may determine if the proposed change is
consistent with this Open Space Easement and maintains or enhances the
Conservation Values of the Protected Land. Owner and Association shall submit a
request in writing to the City at least ninety (90) days prior to the proposed date of commencement of the use in question. The request shall set out the use for which
approval is sought, its design and location, the impact of the proposed use on the
Conservation Values of the Protected Land, and other material information in
sufficient detail to allow the City to make an informed judgment that the proposed
use is or is not consistent with this Open Space Easement or would adversely affect the Conservation Values of the Protected Land. The City shall notify
Owner and Association in writing of its decision within sixty (60) days of its
receipt of Owner or Association’s request. Where the proposed use or
modification of use requires a development permit or other approval from the City
pursuant to the City's Development Regulations, the Owner and Association shall follow the process described in such regulations and the City shall notify the
Owner and Association of its decision within sixty (60) days of receipt of a
completed application from the Owner and Association. The City may withhold
its approval only on a reasonable determination that the proposed use would be
inconsistent with this Open Space Easement, impairs the Conservation Values of the Protected Land, results in violation of any law or regulation or that it lacks
information in sufficient detail to reach an informed judgment that the proposed
use is or is not consistent with this Open Space Easement. The City may condition
its approval on the Owner or Association’s acceptance of modifications which, in
the City's judgment, would make the proposed use, as modified consistent with this Open. Space Easement or protects the Conservation values of the Protected
Land.
16. Public Access. No right of access by the public to any portion of the Protected
Land is conveyed by this Open Space Easement.
17. Reserved Rights. Owner and Association reserve all rights accruing from their
ownership of the Protected Land including, without Limitation, the right to
engage in or allow others to engage in all activities or uses of the Protected Land
that are not prohibited or Limited by this Open Space Easement or the City's Development Regulations, the right to exclude all or any of the public from the
Protected Land and to sell or transfer all or part of the Protected Land subject to
this Open Space Easement. Owner and Association shall inform all others who
exercise any right by or through it on the Protected Land of the terms of this Open
Space Easement. Owner and Association shall incorporate by reference the terms of this Open Space Easement in all deeds or other legal instruments by which they
transfer any interest, including a Leasehold interest, in all or part of the Protected
Land. Owner and Association shall give sixty (60) days prior written notification
to the City of a transfer of all or any part of fee title to the Protected Land.
18. Costs and Liabilities. Owner and Association retain all obligations and shall bear
all costs and liabilities of any kind accruing from their ownership of the Protected
Land including the following responsibilities:
a. Owner and Association shall remain solely responsible for the operations,
upkeep, and maintenance of the Protected Land. Owner and Association
shall keep the Protected Land free of all liens arising out of work
performed for, materials furnished to, or obligations incurred by Owner and Association.
b. Owner and Association shall pay all taxes, special assessments and other
assessments levied against the Protected Land.
c. Owner and Association shall remain solely responsible for maintaining
liability insurance for their uses of the Protected Land. Liability insurance policies maintained by the Owner and Association covering the Protected
Land will name the City as an additional named insured. Owner and
Association shall hold harmless, indemnify, and defend the City from and
against all liabilities, penalties, costs, Losses, damages, expenses, causes
of action, claims, demands or judgments, including, without limitation, reasonable attorney's fees, arising out of or relating to (i) personal injury,
data or property damage resulting from an act, omission, or condition on
or about the Protected Land, unless due solely to the negligence or willful
act of the City, (ii) the obligations retained by Owner and Association to
maintain the Protected Land and pay taxes in Paragraphs 18(A) and (B) , and (iii) the existence of this Open Space Easement.
19. Enforcement. If the City finds at any time that Owner and/or Association have
breached or may breach the terms of this Open Space Easement, the City may
give written notice of the breach to Owner and Association and demand action to cure the breach including, without limitation, restoration of the Protected Land. If
Owner and Association do not cure the breach within thirty (30) days of notice,
the City may commence an action to (i) enforce the terms of this Open Space
Easement (ii) enjoin the breach, ex parte if needed, either temporarily or
permanently, (iii) recover damages, (iv) require restoration of the Protected Land to its condition prior to Owner and/or Association’s breach, and (v) pursue any
other remedies available to it is law or equity. If the City determines that
immediate action is needed to prevent or mitigate significant damage to the
Protected Land, the City may pursue its remedies under this Paragraph without
written notice or giving Owner and Association time to cure the breach
20. Costs of Enforcement. If the City prevails in an action brought under Paragraph
19, Owner and/or Association shall reimburse the City for all costs incurred by
the City in enforcing the terms of this Open Space Easement including, without
limitation, costs of suit, reasonable attorney's fees, and costs of restoration. If Owner and/or Association prevails and the District Court finds that the City
brought the action without reasonable cause or in bad faith, the City, as
determined by the Court, shall reimburse Owner and/or Association’s costs of
defense including, without limitation, costs of suit and reasonable attorney's fees.
21. Waiver. The enforcement of the terms of this Open Space Easement is subject to
the City's discretion. A decision by the City not to exercise its respective rights of
enforcement in the event of a breach of a term of this Open Space Easement shall not constitute a waiver by the City of such term, or of any subsequent breach of
the same or any other term, or any of the City's rights under this Open Space
Easement. The delay or omission by the City to discover a breach by Owner or
Association or to exercise a right of enforcement as to such breach shall not
impair or waive its rights of enforcement against Owner or Association.
22. Acts Beyond Owner and Association’s Control. The City shall not exercise its
respective rights of enforcement against Owner and Association for injury or
alteration to the Protected Land resulting from causes beyond the reasonable
control of Owner and Association including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Owner or Association
under emergency conditions to prevent, abate, or mitigate significant injury or
alteration to the Protected Land resulting from such causes.
23. Extinguishment. If, in the judgment of the City, subsequent unexpected changes in the conditions surrounding the Protected Land make it impossible to preserve
and protect the Conservation Values of the Protected Land, this Open Space
Easement can be extinguished, either in full or in part, by proceedings in a court
having jurisdiction. The City agrees that it will not commence proceedings in
such court to extinguish this Open Space Easement without providing notice of the City’s intent to the Owner and the Association under Section 25 (Notices) at
least 120 days in advance thereof.
24. Assignment of Easement. The City may transfer its rights and obligations in this
Open Space Easement only to a qualified conservation organization, as provided in Section 170 (h) of the Internal Revenue Code, which may hold Open Space
Easements, as provided in Minnesota Statutes Sect. 84C.01(2) (1992). As a
condition of such transfer, the City shall require the continued enforcement of this
Open Space Easement unless the Open Space Easement has been extinguished.
25. Notices. Any notice or other communication that either party wishes to or must
give to the other shall be in writing and either served personally or sent by first
class mail, postage prepaid, to the following addresses or such other address as
any party shall designate by written notice to the others:
OWNER:
Robert Engstrom Companies
4801 West 81st Street Suite 101
Minneapolis, MN-55437
CITY:
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MW 55042
ATTN: City Administrator
ASSOCIATION:
The Fields of St. Croix Community Association PO Box 56
Lake Elmo, MN 55042
26. Governing Law and Construction. This Open Space Easement shall be governed
by the laws of the Minnesota. Nothing contained in this Open Space Easement shall be construed to allow any use or development of the Protected Land in a
manner which is not in compliance with the City's Development Regulations or to
allow the use or development of the Protected Land without obtaining all permits
required by the City's Development Regulations. Where inconsistencies occur
between the provisions of state law, city regulations, or the terms of this Open Space Easement, the most restrictive regulation shall apply.
27. Entire Agreement. This Open Space Easement sets forth the entire agreement of
the parties and supersedes all prior discussions.
28. Amendment. The parties may amend this Open Space Easement provided that
such amendment shall not impair or threaten the Conservation Values of the
Protected Land and shall not affect the perpetual duration of this Open Space
Easement. Any purported amendment to this Agreement shall be in writing and
shall be executed by all of the Parties hereto.
29. Binding Effect. The covenants, terms, conditions, and restrictions of this Open
Space Easement shall bind and inure to the benefit of the parties, their personal
representatives, heirs, successors, assigns, and all others who exercise any right
by or through them and shall run in perpetuity with the Protected Land. Notwithstanding anything to the contrary contained herein, the rights and
obligations of the Owner and Association shall relate solely to the property which
is owned by the Owner and Association. The Association shall have no
obligations with regard to Owner’s property and the Owner shall have no
obligation with regard to Association’s property.
OWNER:
Robert Engstrom Companies, Minnesota Corporation
By: ___________________________________
Robert E. Engstrom
Its: President
CITY:
City Of Lake Elmo, A Minnesota statutory city
By: ___________________________________
_________________________
Its: _________________________
ASSOCIATION:
The Fields of St. Croix Community Association, Minnesota non Profit Corporation
By: ___________________________________ _________________________
Its: _________________________
STATE OF MINNESOTA ) )ss.
COUNTY OF __________ )
On this _______________ day of ________________, 2014, before me a, notary
public within and for said county, personally appeared Robert E. Engstrom, to me known to be the President of the above described corporation, and he executed the foregoing
instrument and acknowledged that he executed the same by authority of and on behalf of
Robert Engstrom Companies.
_______________________________________
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
On this _______________ day of ________________, 2014, before me a, notary public within and for said county, personally appeared ____________________, to me
known to be the ___________________ of the above described Minnesota statutory city,
and he executed the foregoing instrument and acknowledged that he executed the same
by authority of and on behalf of the City of Lake Elmo.
_______________________________________
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
On this _______________ day of ________________, 2014, before me a, notary
public within and for said county, personally appeared ____________________, to me
known to be the ___________________ of the above described non-profit corporation,
and he executed the foregoing instrument and acknowledged that he executed the same by authority of and on behalf of The Fields of St. Croix Community Association.
_______________________________________
Notary Public
Drafted by:
Netzell Legal Services, PLLC
7900 International Dr. Suite 300
Bloomington, MN 55425
AMENDED CONSERVATION EASEMENT THE FIELDS OF ST. CROIX
THIS AMENDED CONSERVATION EASEMENT is entered into this _______day
of______________, 2014, by and between Robert Engstrom Companies, a Minnesota corporation, whose
address is 4801 W. 81st Street, Suite 101, Bloomington, MN, 55437 (“Owner 1”); The Fields of St. Croix
Community Association (“Owner 2”) (Owner 1 and Owner 2 collectively referred to as “Owner” or “Owners”);
the Minnesota Land Trust, a Minnesota nonprofit corporation having its principal office in Minneapolis. Minnesota (“Trust”); and the City of Lake Elmo, a Minnesota statutory city (“City”).
WITNESSETH:
A. This Amended Conservation Easement Agreement is executed for the purpose of amending that certain Conservation Easement recorded with the Washington County Recorder’s office as Document Number
992829.
B. Owner 1 is currently the sole owner in fee simple of certain real property legally describer as Outlots A
and E, The Fields of St. Croix (“Property 1”).
C. Owner 2 is currently the sole owner in fee simple of certain real property legally described as Outlots D, G
and H, The Fields of St. Croix (Property 2”).
D. Property 1 and Property 2 consist of approximately 81.59 acres of land, together with buildings and other improvements located in Washington County, Minnesota ("Protected Land").
E. Owners intend to convey to the trust the right to preserve and protect the Conservation Values of
the Protected Land in perpetuity and to prevent or remedy subsequent activities or uses that are
inconsistent with the terms of this Conservation Easement.
F. The grant of this Amended Conservation Easement will serve the policies of the State of Minnesota
which encourage the protection of Minnesota's natural resources and which encourage the use and
improvement of the agricultural land for the long term production of food, as set forth, in part, in
Minnesota Statutes Section 40A.04 (State Agricultural Land Preservation), and in Section 84C.01-02 (Conservation Easements), as well as the policies of the City of Lake Elmo in its Open Space
Preservation District Ordinance (81-37).
G. The Trust is a publicly supported, nonprofit corporation which seeks to protect the natural, scenic,
agricultural, forested, and open space conditions of land in Minnesota. In addition, the Trust is qualified as a conservation organization under Sections 50 I (c)(3) and 170(h) of the Internal
Revenue Code. The Trust has agreed to assume the obligation of protecting the natural and scenic
qualities of the Protected Land in perpetuity according to the terms of this Conservation Easement.
NOW, THEREFORE, in consideration of their mutual covenants and pursuant to the provisions relating to conservation easements set forth in Minnesota Statutes Sections 84C.011-.05, the parties hereto agree that
the Conservation Easement shall be amended in the following manner:
Paragraph 5, Construction, shall be amended to read as follows:
5. Construction. Owners shall not construct or install additional buildings or improvements of any
kind including, without limitation, fences, driveways, parking lots, and roads, on the Protected Land, except as specified herein. Owners may maintain, repair, and replace existing roads but shall not widen them unless doing so lessens the environmental impact of the road on the
Protected Land and such Owner has obtained the prior written approval of the Trust. Owners may
maintain, renovate, expand, or replace existing agricultural and related buildings or
improvements in substantially their present location. Any expansion or replacement of an existing building or improvement shall not substantially alter its character or function, and shall not exceed its current square footage by more than twenty-five percent, without the prior written
approval of the Trust. Owners may construct temporary agricultural buildings on Outlots A, E
and/or G as needed to conduct agricultural activities as provided in Paragraph 7, only upon the
consent of all of the parties to this Agreement.
Paragraph 7, Agricultural Use, shall be amended to read as follows:
7. Agricultural Use. Owners may conduct agricultural operations in areas currently being used for
agricultural operations on the Protected Land. For purposes of this paragraph, the term Agricultural Operations shall mean raising livestock, growing crops to feed such livestock, and growing crops for in the agricultural or retail marketplace. The use of any portion of the Protected
Property for livestock purposes shall be allowed only in the event that all parties to this
Amended Conservation agreement consent to such use for livestock purposes.
Paragraph 26, Notices shall be amended to read as follows:
26. Notices. Any notice or other communication that either party wishes to or must give to the
other shall be in writing and either served personally or sent by first class marl, postage prepaid,
to the following addresses or such other address as either party shall designate by written notice to the other:
OWNER: TRUST:
Robert Engstrom Companies Minnesota Land Trust
4801 W. 81st Street, #101 70 North 22nd Avenue Bloomington, MN 55437 Minneapolis, MN 55411-2237
ATTN: Land Projects Committee
ASSOCIATION:
The Fields of St. Croix Community Association ________________________
________________________
CITY
The City of Lake Elmo ________________________ ________________________
Binding Effect. The covenants, terms, conditions, and restrictions of this Conservation Easement shall bind and
inure to the benefit of the parties, their personal representatives, heirs, successors, assigns, and all others who exercise
any right by or through them and shall run in perpetuity with the Protected Land. The parties hereto confirm and ratify the validity and enforceability of the Conservation Agreement, as modified herein
OWNER:
Robert Engstrom Companies _________________________
Its President
Bloomington, MN 55437
TRUST:
Minnesota Land Trust
_________________________
Its _______________________
ASSOCIATION:
The Fields of St. Croix Community Association
________________________
Its ______________________
CITY
The City of Lake Elmo
________________________
Its ______________________
STATE OF MINNESOTA )
) ss.
COUNTY OF ____________)
The foregoing instrument was acknowledged before me this _____ day of _________, 2014, by Robert E. Engstrom, the President of Robert Engstrom Companies, a Minnesota corporation, on behalf
of the corporation.
_________________________________ Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF ____________)
The foregoing instrument was acknowledged before me this _____ day of _________, 2014, by ________________________, the ________________ of Minnesota Land Trust, a Minnesota non-profit
corporation, on behalf of the non-profit corporation.
_________________________________ Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF ____________)
The foregoing instrument was acknowledged before me this _____ day of _________, 2014, by
_______________________, the ______________ of The Fields of St. Croix Community Association, a
Minnesota non-profit corporation, on behalf of the non-profit corporation.
_________________________________
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF ____________)
The foregoing instrument was acknowledged before me this _____ day of _________, 2014, by
______________, the ________________ of the City of Lake Elmo, a Minnesota statutory city, on
behalf of the statutory city.
_________________________________
Notary Public
Drafted by: Netzell Legal Services, PLLC
7900 International Dr., #300
Bloomington, MN 55425