HomeMy WebLinkAboutItem 22 - Fields I Conservation Easement AMENDE D CONSERVATION EASEMENT
THE FIELDS OF ST.CROIX
1THS AMENDE D CONSERVATION EASE ME NT is entered into this
of 2014,by, one and between Robert Engstrom Companies,a Minnesota corporation,
whose address is 4801 W.81'Street Suite 101,Bloomington,MN,55437 C'Owner I');The Fields of St.Croix
Community Association("Owner 2")(Owner I and Owner 2 collectively referred to as"Owner"or"Owners");
the Minnesota Land Tmst,a Minnesota nonprofit corporation having its principal office in Minneapolis,Minnesota
(the"Trusf);and the City of Lake Elmo,a Minnesota statutory city(the"City').
WITNESSETH:
A, This Amended Conservation Easement Agreement is executed for the purpose of amending that certain
Conservation Easement(the'Conservation Easernenf)recorded with the Washington County Recorder s
office as Document Number 992829.
B. Owner I is currently the sole owner in fee simple of certain real property legally described as Outlots A
and E,The Fields of St Croix CProperty I I).
C. Owner 2 is currently the sole owner in.fee simple of certain real property legally described as Outlots D,G
and 14,The Fields of St.Croix(Property T).
D. Property I 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 Ti ust the,right to preserve and protect the natural, scenic and
agricultural qualities,and the forested and open.space character(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 the 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 encourage,the use
and improvement of the agricultural land for the long to production of food,as set forth,in part,
in Mimesota Statutes Section 40A.04(State Agricultural Land Preservation),and inSection 84C.01-02
(Conservation Easements),as well as the policies of the City as set forth in its Open Space
Preservation District Ordinance(81-37).
G. The Tho is a publicly upporWA 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 501 (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.Pro tected.Land in perpetuity according to the terms of the 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 lyardes hereto agree that
the Conservation Easement shall be amended in the following manner:
Parry a,h.Construction _ll be ended t�rr as follows;
S. Construction.
Owners shall not construct or'install additional buildings or°unprovements of any kind including,
without limitation,fences,driveways,parking lots,and roads,on the Protected Land,except as
specified herein. Owners may mainta4 repair,and replace existing roads but shall riot widen
them unless doing so lessens the environmental impact of the road on the protected Land and
Owners have 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 thantwenty-five percent,without the prior written approval of the Trust.
Owners may construct temporary agricultural buildings(building or structure constructed of
short-lived.materials or permitted to be used for a period not exceeding 1.2 months)on Outlots
A,E and/or G as needed to conduct agricultural activities as provided in Paragraph 7,only upon
the prior written consent of all of the parties to this Agreement.
� rah`I .� '�ultaa .ITse shall be�, erxded to read.as foll�vvsr
7. A cultural 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 in writing to such use for livestock
purposes,
Paragraph 26,Notices shall be amended to read as follows-
26. Notices.
y notice or other communication that any party wishes to or must give to the others 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. $1st Street,#101 2356 University Ave W.,#240
Bloomington,MN 55437 St.Paul,MN
A Land Projects Committee
ASSOCIATION:
The.Fields of St.Croix Community Association
P.O.Box 56
Lake Elmo,MN 5504
MY
The City of Lake Elmo
Effective Date.The above-referenced amendments shall take place as of[date]. All ether terms of the,
Conservation Easement shall remain in effect.
BWdigg Effect.The covenants,terms,conditions,and restrictions of this Amended Conservation Easement shall
bind and inure to the benefit of the parties,their personal represetitatives,hen,successors,assigns,and all others who
exercise any right by or thtough there and shall run,in perpetuity with the Protected Land.The parties hereto confirin
d ratify the validity and enforceability of the Conservation Eeasement,as modified herein.
[Signature lames follow]
Drafted by,
Netzell Legal Services,PL,LfC
79 International Dr.,#300
Bloomington,MN 55425
OWNER:
Robed Engstrom Companies
Its President
Bloomington,MN 55437
STATE OF MINNESOTA
) ssa
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2014,by Robert E. Engstro ,the President of Robert Engstrom Companies, a Minnesota
corporation, on behalf of the corporation.
ASSOCIATION:
The Fields of St.Croix Community Association
I�e aK,`_v
A
STATE OF MINNESOTA
) ss.
COI.NTYOFM_v_�j 4gr�
The foregoing instrument was acknowledged before me this
day of 5_ gekin6";-2014,by
q6 n _�fjjja A t the �eUy% of The Fields of St. Croix Community Association, a
k Cg t-
Minnesota non-profit corporation,on behalf of the non-profit corporation.
REBECCAGUM Z
Notary Public NOTARY PUKIC-MINNEsOTA
My commission Expires Jan.31,M8
TRUST:
Mmnesota Land Trust
its
STATE OF MINNESOTA
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me dus day of 2014,
by the. ---,—of Minnesota Land Trust,a Minnesota non-
profit corporation,on behalf of the non-profit corporation.
CITY
The City of Lake Elmo
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