HomeMy WebLinkAbout04-11-17 CCWPK ELMO
Our Mission is to Provide Quality Public
Services in a Fiscally Responsible Manner
While Preserving the City's Open Space
Character
NOTICE OF MEETING
City Council Workshop
3800 Laverne Avenue North
April 11, 2017
6:30 PM
AGENDA
I. Call to Order 6:30 PM
II. Sally Manzara Nature Center 6:30 PM
111. Discussion of Paperless Packets 7:30 PM
IV. Items for Future Work Session Agenda 8:00 PM
V. Adjourn 8:00 PM
SALLY MANZARA INTERPRETIVE NATURE CENTER
DEVELOPMENT, LEASE, LICENSE AND OPERATING AGREEMENT
This Development, Lease, License and Operating Agreement (this "Agreement) is
entered into effective as of this day of , 2017 (the "Effective Date")
by and between the City of Lake Elmo, a Minnesota municipal corporation (the "City") and the
Friends of Lake Elmo's Sunfish Lake Park, a Minnesota non-profit corporation (the "Friends").
RECITALS
WITNESSETH:
WHEREAS, the City is the owner of Sunfish Lake Park, which is legally described on
the attached Exhibit A (the "Property"); and
WHEREAS, the Property consist of approximately 284 acres of woodlands, wetlands
and prairie wildlife habitats and trails for cross country skiing and hiking; and
WHEREAS, the Friends would like to construct and operate an interpretive nature center
building on a portion of the Property for the use and benefit of the Lake Elmo community in
accordance with the preliminary plans attached hereto as Exhibit B (the "Nature Center
Building"); and
WHEREAS, the Property is subject to a conservation easement held by the Minnesota
Land Trust (the "Land Trust") that limits the amount of development that may occur on the
Property; and
WHEREAS, the City has received confirmation from the Land Trust that use of the
Property for a nature center does not conflict with, the terms of the Land Trust's conservation
easement over the Property; and
WHEREAS, the City is willing to lease a portion of the Property to the Friends in order
to allow it to construct, maintain and operate the Nature Center Building; arid
WHEREAS, the Friends would also like to use the existing facilities of the Property in
conjunction with its operation of the Nature Center Building; and
WHEREAS, the City is willing to grant a license to the Friends that will allow the
Friends to use the existing facilities on the Property in conjunction with the Friends' operation of
the Nature Center Building; and
NOW, THEREFORE, in consideration of the premises and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
478599y3 SJS LA515-12
ARTICLE 1
LEASE OF PROPERTY AND CONSTRUCTION OF THE NATURE CENTER
BUILDING
1. Lease of the Building Site and Approval of Nature Center Building Plans. The City
hereby leases the portion of the Property that is depicted and described on the attached Exhibit C
to the Friends (the "Building Site"). The Friends shall be responsible for constructing the Nature
Center Building on the Building Site at its expense. The Friends shall also be responsible for
bringing electric and water service to the Nature Center Building including any acquisition costs
associated with easements for any utility easements that are needed. The Friends shall also be
responsible for the cost of installing a septic or other approved waste treatment system to serve
the Nature Center Building. Prior to commencing construction of the Nature Center Building or
any other improvements on the Building Site, the Friends must receive any and all approvals,
arid building permits required by the City and any other govenunental agency, including, but not
limited to, approval by the Land Trust and by the City Council of the final plans and
specifications for the Nature Center Building (the "Approved Plans"). The Friends shall pay for
the building permit for the Nature Center Building and the costs of all other approvals and
permits that are needed.
2. Construction of the Builditu2-,. The Friends shall construct and install the Nature Center
Building in accordance with the Approved Plans with a contractor acceptable to the Friends and
the City. The Friends shall construct the Nature Center Building at its sole cost and expense, in a
good and workmanlike manner, and in accordance with all applicable laws, codes, ordinances,
and regulations. Any significant changes in the Approved Plans must be submitted to the Land
Trust and the City for approval. Other than the Nature Center Building, the Friends shall make
no other alterations or improvements to the Property without the prior written consent of the
City. Prior to issuance of a certificate of occupancy for the Nature Center Building, the Friends
shall clean up and remove all construction debris and trash from the Building Site and the
Property, For purposes of this Agreement, Anthony P. Manzara (familiarly known as "Tony")
shall be the Friends' representative with respect to the Nature Center Building construction or
any other work to be performed on behalf of the Friends on the Property. The Nature Center
Building must be completed no later than three years from the date of this Agreement.
3, Escrow. In order to ensure that the Nature Center Building is completed, the Friends
must deposit funds equal to the total of the selected contractors' bids for the construction of the
Nature Center Building according to the Approved Plans into an escrow account held by the City
at the time of building pemiit issuance. After each contractor's invoice for a progress payment
or final payment is received, the Friends will submit to the City a request for release of that
amount, and the City will release the money to the Friends within 30 calendar days of the date of
the Friends' request. Upon issuance of the certificate of occupancy for the Nature Center
Building by the City's Building Department, any residual funds in said escrow account over
S20,000 will be released to the Friends. If the account balance does not exceed 520,000 at this
point, the Friends must replenish it to this level for the purposes described in Article VI,
paragraph l of this Agreement.
47K599v3 S.IS IA515-12
2
In the event that the Nature Center Building is not complete within three years from the
date of this Agreement, the City shall provide the Friends with written notice of the outstanding
items to be completed. If the items are not completed within 60 days of the date of the notice,
the City may either complete the items and reimburse itself for the costs associated with the
completion from the escrow account or demolish the Nature Center Building and reimburse itself
for the costs associated with the demolition from the escrow account.
ARTICLE II
NATURE CENTER OPERATIONS
Friends' Responsibilities.
a. The Friends shall manage and operate the Nature Center Building as an
interpretive nature center in accordance with its mission statement which is
attached to this Agreement as Exhibit D. The Friends shall prepare a five-year
maintenance and management plan for the Nature Center that shall be provided to
the City at the time the budget and financial disclosures set forth in Article III of
this Agreement are provided. The Friends will maintain the Nature Center
Building in a structurally sound, safe, clean, and attractive manner, and in
accordance with applicable regulations, as a condition of the lease. If such
maintenance is not done, the City may give the Friends 90 days' notice to correct
the problem, unless seasonal conditions require a longer correction time.
b. The Friends must make available to the public a variety of programs at the Nature
Center Building for the education and enjoyment of people of all ages. The
Friends may determine the type, frequency, and content of all of its programs.
c. The Friends shall be responsible for hiring employees and contractors and
recruiting volunteers to administer and support its programs at the Nature Center
Building and to maintain the Nature Center Building. The Friends shall be
responsible for compensating its employees and contractors and paying for any
employee benefits.
d. The Friends shall include one member that is appointed by the City Council as a
voting member on its Board of Directors. The City Council is responsible for
selecting the person who is to serve on the Friends' Board of Directors.
e. In conducting its operations, the Friends shall abide by the terms of the Land
Trust conservation easement that applies to the Property and all state and federal
laws and regulations and City ordinances. The Friends may recommend to the
City Council the adoption of rules and regulations, as shall be deemed
appropriate, prescribing the use of the Nature Center Building, the Property and
the conduct of persons upon the premises. Rules and regulations pertaining to
the Nature Center Building and the Property which have been adopted by
resolution of the City Council shall have the force of law. All duly adopted rules
478599v3 SJS LA515-12
and regulations governing the use of the Nature Center Building and the Property
shall be conspicuously posted by the Friends on the premises.
City's Resnonsibilities.
a. The Nature Center Building shall he officially named the "Sally Manzara
Interpretive Nature Center- and the City shall refer to it as such, unless the natne
is changed in accordance with the provisions of Article VI, paragraph I of this
Agreement,
b. The City will promote the Friends' activities and events at the Nature Center
Building and the Property through publishing articles in the City publications and
placing these activities and events on the City event calendar and web site.
c. The City will cooperate with the Friends with respect to any approvals by other
government agencies or other entities needed by the Friends in order to operate a
Nature Center on the Property. The City will also cooperate with the Friends with
respect to the Friends' applications for grant funding for the Nature Center. With
respect to both activities, the Friends shall be responsible for preparing any
application that needs to be submitted and the City will assist by signing the
application, if necessary and providing any supporting information that it may
have available.
ARTICLE III
FINANCIAL
1. Budget. The Friends agree to operate the Nature Center Building within a balanced
budget plan. The Friends shall take all actions necessary to assure that its annual operating
expenditures do not exceed annual operating revenues. The Friends must provide the City with
financial status reports as required by the City. By December 31st of each year and consistent
with the City's budget cycle, the Friends must provide the City with any revised budget
projections detailing any actions required to assure a balanced budget. The Friends shall submit
an annual operating budget to the City by September 30th for the upcoming fiscal year.
2. Financial Disclosures. The Friends agree to provide the City with a detailed disclosure of
its financial resources in conjunction with its financial status reports on an annual basis and a
fully audited statement by an independent certified public accountant every third year, unless the
Friends' annual revenues exceed $100,000 in which case, a fully audited statement shall be
provided to the City each year the revenues exceed $100,000. The City also has the right to
request that the Friends provide additional audits of the Friends' investments, receivables and
payables so as to allow the City to verify the accuracy of the Friends' financial status reports.
Such additional audits will be at the sole cost of the City. The City shall have the right to
examine the Friends' books and financial records at any time upon making a written request.
3. Tax Exempt Status. The Friends covenant and agree that the Nature Center Building is,
and shall remain for the duration of this Agreement, exempt from all ad valorem and other real
47S5Q9v3 SJS1.A5 15-12
4
estate taxes. The Friends shall indemnify and defend the City from and against any and all
liability, including, without limitation, attorneys' fees and expenses, in the event of any loss by
the Nature Center Building of its tax exempt status in the year of termination of this Agreement
and year after termination.
ARTICLE IV
LEASE OF NATURE CENTER BUILDING SITE AND LICENSE TO USE PROPERTY
1. Lease of Nature Center Building Site. The City hereby exclusively leases the Nature
Center Building Site to the Friends. Monthly rent shall be $1.00 and shall be payable on the first
day of each month or in advance.
2. License to Use Property, The City hereby grants the Friends a non-exclusive license to
use the remainder of the Property for nature center activities, including, but not limited to, self
-
guided or naturalist -guided nature walks, cross-country skiing, hiking and sledding. With the
City's permission, the Friends may place features or equipment on the Property that are related to
the use of the Property as a nature center. Any cameras placed in the park for programming
purposes by the Friends must be approved by City staff and consistent with any camera protocol
procedure or policy adopted by the City.
3. Use of the Nature Center Building Site and the Property. The Friends shall use the
Nature Center Building Site and the Property for nature center uses and for no other uses
whatsoever. The Friends agree that throughout the term of this Agreement, it shall not use the
Nature Center Building Site or the Property for the storage, handling, transportation or disposal
of any Hazardous Substances. "Hazardous Substances" for purposes of this Agreement shall be
interpreted broadly to include, but not be limited to, any material or substance that is defined,
regulated or classified under any Environmental Law of other applicable federal, state or local
laws and the regulations promulgated thereunder as: (i) a "hazardous substance" pursuant to
section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. §9601(14), the Federal Water Pollution Control Act, 33 U.S.C. §1321(14), as now or
hereafter amended; (ii) a "hazardous waste" pursuant to Section 1004 or Section 3001 of the
Resource Conservation and Recovery Act, 42 U.S.C. §§6903(5), 6921, as now or hereafter
amended; (iii) toxic pollutant under section 307(a)(1) of the Federal Water Pollution Control Act,
33 U.S.C. §1317(a)(1) as now or hereafter amended; (iv) a "hazardous air pollutant" under
Section 112 of the Clean Air Act, 42 U.S.C. §7412(a)(6), as now or hereafter amended; (v) a
"hazardous material" under the Hazardous Materials Transportation Uniforin Safety Act of 1990,
49 U.S.C. §5102(2), as now or hereafter amended; (vi) toxic or hazardous pursuant to regulations
promulgated now or hereafter under the aforementioned laws or any state or local counterpart to
any of the aforementioned laws; or (vii) presenting a risk to human health or the environment
under other applicable federal, state or local laws, ordinances or regulations, as now or as may be
passed or promulgated in the future. "Hazardous Substances" shall also mean any substance that
after release into the environment or upon exposure, ingestion, inhalation or assimilation, either
directly from the environment or directly by ingestion through food chains, will or may
reasonably be anticipated to cause death, disease, behavior abnormalities, cancer or genetic
abnormalities and specifically includes, but is not limited to, asbestos, polychlorinated biphenyls
("PCBs"), radioactive materials, including radon and naturally occurring radio nuclides, natural
4785990 SJS LA5I5-12
5
gas, natural gas liquids, liquefied natural gas, synthetic gas, oil, petroleum and petroleum -based
derivatives and urea formaldehyde. However, this paragraph will not be interpreted as
forbidding the proper storage by the Friends of reasonable amounts of hazardous substances
commonly used in the operation of a nature center, such as fuels (e.g. gasoline, diesel fuel or
propane), equipment and vehicle maintenance fluids (e.g. anti -freezes, lubricants, engine
cleaners), materials used for coating structures or furniture (e.g. paints, varnishes), and materials
used for craft work or specimen preservation (e.g. epoxies, urethanes, acrylic monomers, or
fonnalin). The storage and disposal of these substances must be in compliance with all local,
state and federal regulations and requirements and any licenses or permits must be obtained, if
required.
4. City Use of Nature Center Building. The Friends shall provide the City with free use of
the Nature Center Building Site for public purposes, provided that the City's use does not
conflict with a previously scheduled Friends' program. Al City expense, the City agrees to
repair any damage to the Nature Center Building, its furnishings, exhibits, or utilities, and clean
up any detritus left behind by any such City -organized use of the Nature Center Building.
5. City's Repair and Maintenance Responsibilities. The City agrees to maintain in good
condition and repair and replace, if necessary, at its expense and without reimbursement or
contribution by the Friends, the following facilities on the Property: (a) the access road; (b) the
parking lot; and (c) all cross country skiing and hiking trails. The City will also plow the access
road and the parking lot on the Property on a regular basis. All repairs and maintenance by the
City will occur with reasonable promptness and without unreasonable interference with, or
disturbance of, the use and enjoyment of the Nature Center Building Site by the Friends and its
invitees.
6. The Friends' Repair and Maintenance Responsibilities. The Friends agree to maintain in
good condition and repair and replace, if necessary, at its expense and without reimbursement or
contribution by the City, the Nature Center Building and the Nature Center Building Site and all
other improvements installed by the Friends on the Property, including, but not limited to, any
landscaping, personal property, furnishings, fixtures and equipment including, but not limited to
the following: (a) restrooms; (b) signs; (c) kiosks; (d) decks/porches/patios; and (e) water
fountains.
7. Covenant of Title and Ouiet Enioyment. The City represents and warrants that: (a) it has
the full right, power, and authority to lease the Nature Center Building Site to the Friends; (b)
that with the exception of the easement held by the Land Trust, no restrictive covenant,
easement, lease, sublease, or other written agreement restricts, prohibits, or otherwise affects the
City's rights set forth in this Agreement, including, without limitation, construction, permitted
use or ingress and egress to and from the Nature Center Building Site; and (c) the Friends upon
performance of the covenants hereunder, shall and may peaceably and quietly have, hold and
enjoy the Nature Center Building Site during the term of this Agreement. Additionally, the City
will take no action that will interfere with the Friends' intended use of the Nature Center
Building Site or ingress or egress to the Nature Center Building Site.
478599v3 Siti LA515-12
6
8. Alterations. With the exception of the construction of the Nature Center Building, the
Friends shall not make any major alterations, improvements, or additions to the Nature Center
Building Site or the Property without the prior written approval of the City. A "major alteration,
improvement or addition" is any alteration, improvement, or addition to the Nature Center
Building: (a) which is structural in nature; (b) which would materially change the Nature Center
Building exterior appearance; (c) which would materially change or affect the electrical,
mechanical, heating, ventilating and air conditioning or utilities systems or routing servicing of
the Nature Center Building; or (d) which is estimated in good faith to cost in excess of $10,000.
All alterations, improvements or additions shall be performed by the Friends, at no cost or
expense to the City.
9. Sub -Letting. The Friends shall not sublet any portion of the Nature Center Building Site.
10. Utilities and Services. The Friends shall be responsible for paying all charges for all
utilities for the Nature Center Building Site, including, but not limited to, water, septic system,
electricity, natural gas or propane, telephone, Internet, cable/satellite television arid garbage and
refuse removal. The Property is currently not served by the City's sanitary sewer system. In the
event that sanitary sewer service becomes available, the Friends understand that the Nature
Center Building will be required to connect, The City and the Friends will determine at that time
how the assessment and the connection charges should allocated between them.
IL Surrender. Upon termination of this Agreement, the Friends shall remove all debris and
personal property of, or created by the Friends.
ARTICLE V
INSURANCE AND LIABILITY
1. Indemnification, The Friends shall hold the City and the Land Trust harmless from and
indemnify and defend the City and the Land Trust against any claim or liability arising in any
manner from the Friends' use, improvement, and occupancy of the Nature Center Building Site
and the Property, or relating to the death or bodily injury to any person or damage to any
personal property present on or located in the Nature Center Building or on the Nature Center
Building Site and Property at the Friends' invitation or sufferance.
2. Personal Property. The Friends shall be responsible for any personal property that it
keeps at the Nature Center Building Site and the Property. The Friends agree to hold the City
harmless from any and all loss or damage to its personal property, except in the case of loss or
damage incurred during the City's use of the Nature Center Building or the Property.
Insurance.
a. Insurance to be Maintained by the Friends. The Friends shall be responsible for
obtaining and maintaining public liability insurance providing coverage against
claims for bodily injury, death and personal property damage occurring at the
Nature Center Building Site and the Property as a result of its operation of the
Nature Center Building. Coverage shall be maintained at a minimum of
4785990 SJS LA515-12
7
$1,500,000 each occurrence. The Friends shall also maintain property damage
insurance for the Nature Center Building. The Friends shall name the City as an
additional insured. A certificate of insurance shall be provided to the City on an
annual basis. Such policy or policies shall provide that 30 days written notice
must be given to the City prior to cancellation thereof. The Friends shall furnish
evidence satisfactory to the City at the time this Agreement is executed that such
coverage is in full force and effect. The Friends shall also maintain workers'
compensation insurance for its employees.
b. Insurance to be Maintained by the City. The City shall be responsible for
obtaining and maintaining property and general liability insurance for the
Property, with the exception of the Nature Center Building.
c. Subrogation. The Friends and the City release each other from any and all
liability which they might have against the other or any one claiming through or
under them by way of subrogation or otherwise, resulting from the occurrence of
any accidents or casualty or loss covered by insurance being carried by the
damaged party at the time of such occurrence.
4. Waiver. Nothing in this Agreement shall be deemed to be a waiver by the City or its
elected officials of any limitations on or immunities from liability set forth in Minnesota
Statutes, Chapter 466 or to which the City or its officials, employees, agents and representatives
are otherwise entitled.
5. Independent Contractor Status. All services provided by the Friends and its officers,
employees, volunteers and agents pursuant to this Agreement shall be provided by such persons
as an employee of the Friends, volunteer of the Friends or as an independent contractor and not
as an employee or volunteer of the City for any purpose. The Friends shall be responsible for the
following with respect to its employees, including, but not limited to: (a) income tax
withholding; (b) workers' compensation; (c) unemployment compensation; (d) FICA taxes; and
(e) benefits.
ARTICLE VI
GENERAL PROVISIONS
I . Termination. In the event that the Friends are in breach of any of the terrns of this
Agreement, the City shall provide the Friends with written notice of the breach and provide the
Friends with at least 60 days of the date of the notice to cure the breach. In the event that the
Friends do not cure the breach, the City may cure the breach and reimburse itself for its costs to
cure the breach from the escrow account. In the event that the City opts to cure the breach and
reimburses itself for its costs from the escrow account, the Friends shall replenish the escrow
account so that the balance is at least $20,000.
If the breach is a material breach, the City may terminate this Agreement and at its option
either use the escrow fund to demolish the Nature Center Building, or choose to keep and use the
Nature Center Building. In the latter case, the Friends shall surrender the Nature Center Building
478549v3 SJS LA515-l2
and Nature Center Building Site to the City upon payment of the Appraised Value of the Nature
Center Building. The "Appraised Value" shall be determined as follows:
The City shall select and pay for a licensed appraiser to provide an appraisal of the
Nature Center Building and the value of the Nature Center Building as determined by the
appraiser shall be the "Appraised Value." If the Friends are not in agreement with the
amount of the Appraised Value as determined by the City's appraiser, the Friends may
obtain an appraisal at the Friends' expense. In that event, the Appraised Value of the
Nature Center Building shall be determined by averaging the appraised value amounts set
forth in the City appraisal and the Friends' appraisal..
Upon payment of the "Appraised Value" by the City, the Nature Center Building shall
become the property of the City.
In the event that the Friends are unable to continue the operation and maintenance of the
Nature Center Building, the Friends may terminate this Agreement. The Friends shall provide
the City with written notice of the termination at least 60 days prior to the effective date of
termination. The Friends may choose to donate the Nature Center Building to the City, provided
that the City is willing to accept it or remove it. If the City will not accept the Nature Center
Building, the Friends must remove it. In the event that the Friends remove the Nature Center
Building, the Friends must remove all debris and restore the Property to its original condition.
2. Building- Name. If the Friends donate the Nature Center Building to the City, the City
may change the name of the building if the City converts the building to another use. If the
Nature Center Building continues to be used as a nature center by the City, it shall continue to be
known and referred to as the "Sally Manzara Interpretive Nature Center."
Entire Agreement and Amendment. This Agreement constitutes the entire agreement
between the City and the Friends and there are no other agreements, either oral or written,
between the parties. No subsequent alteration, amendment, change or addition to this Agreement
shall be binding upon the City or the Friends unless reduced to writing and executed in the same
fonn and manner in which this Agreement is executed.
4. Data Practices Compliance. Data provided to the Friends under this Agreement shall be
administered in accordance with Minnesota Statutes Chapter 13 and all data on individuals shall
be maintained in accordance with statutory guidelines.
5. Severability. The provisions of this Agreement are expressly severable, and the
unenforceability of any provision or provisions hereof shall not affect or impair the
enforceability of any other provision or provisions.
6. Notices. Except as otherwise expressly provided in this Agreement, any notice, demand,
or other communication under this Agreement by either party to the other shall be sufficiently
given or delivered if it is dispatched by United States Mail or delivered personally to:
47g599v3 SJS L.A515-12
9
(a) The Friends of Lake Elmo's Sunfish Lake Park
5050 Kirkwood Avenue North
Lake Elmo, MN 55042
Attn: Anthony P. Manzara
(b) City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Attn: City Administrator
or to such other address as either party may notify the other of pursuant to this paragraph.
7. Recitals. The Recitals set forth in the preamble to this Agreement are incorporated into
the Agreement by reference.
8. Assignment. The Friends may not assign its interests and responsibilities under this
Agreement to any other party without obtaining the prior written consent of the City.
9. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the
State of Minnesota. Any dispute arising out of this Agreement will be venued in Washington
County, Minnesota.
478599v3 S.IS I,A515-12
I 0
IN WITNESS WHEREOF, the City and the Friends have executed this Agreement the
day and year first above written.
4785994'3 S,IS 1,A515-12
CITY OF LAKE ELMO
By:
Mike Pearson
Its: Mayor
By:
Julie Johnson
Its: City Clerk
FRIENDS OF LAKE ELMO'S SUNFISH LAKE
PARK
By:
Its:
I l
EXHIBIT A
egal Description of the Property
Exhibit A
Legal Desurtption or the Protected Property
The Northss est Qtr,irter ot"the North \vest Quarter (NW 17 of NW 114 ) Seetion Founeen (1,13,
1""t1Ishill (l?.//-Rii 7,v4illY•ontls, 421n and the West Thirty-three 433) feet 01(1)4
Southwest Quarter of the Northwest t)iattter S l,tt of NW of Section Fourteen r 14),
Township Twetoty-ttlitue 129). Range Ittveottt -one t 2 1 tt Washington County, Mintiesottta,
A NI)
That tort (tithe Northeast qu..irter ct I the Northwet,1 (planer or Section 15. "Itrottiship 29, Ratte
Wasitillgt.OZ) COL1111,, N1 itinet,tota, described as contitheocino at the Northeast corner of said
Not -tiles -1st uualter or Northss est quttitter. thence- South O' 51 45" flara. asstuned bearing. along
the Yost line thereof. 31)1.27 ieetto he South line or the North 30 acres' of said Northwest quarter
-its,1 to the actual point or lieginnintt of the land to he hereinarter (les:erased; thence South 29' ill"
\k atuttg said. Sot.1) ttu.t. of North 50 :It,'Se..; SOO i;;C:t; thence South (1" 5145- Fast 73-1.30
feet: thence North 89 011 54- Eatst Icct to the East line orsaitl Northeast guar ter of the
Northwest qtrattcrt thenee North 10 31' 45- West alone. said Last line 734,31) feet to the itettitil
point or beginttin,t.
AND
'the Non hwest quarter of the Northeast cluttner, the Northeatst qattrter or the Northeast quarter.
the SttintIttAtest quarter or" the Norilleast quarter, the North three -it tiarters of the Southeast quartet
of the Nttrtheast cloarts:c and that part of tlio East. 87 feet lyity. St.tnth ot' the North three-qtranc.r,-;
of the Sotttheitst qttart,tr or the Not-111,,,st qtett te•( ,011 ir, Sce1ic);115, oo thip :29, Rang, 2
AND
coal 87 Icet or that pan of the Sotttht:;:st quarter of Section 15. "romiship 29, Range 2 I, lying
Northerly or the Northerly right ollway line or frilaic1 1ighwa 1211. tttubjeci tit,: right or way
Stillwater I.arut forrnerly Stale litsh way r7,2121.
ANL)
" he SotolItttest QuarW of the NortIteauniter of the Nofthwe,st Qaaiaer (SW1,,4 or NE 'z't of
of 1,-Iet ion r/torcett 114), IcourAtio T)Y4nty-nirte (21:it North. Rtatti54 rv.-enty-one 1211
1,Vast,ittgittli(.ultinty, Mirmesout.
ANI)
l'slonh Three t7.31 rods of the Northwest Quarter of the Soii0teaat Quarter or the Northts eat
Quarter 4NY.: I 4i'SE' Y 01..N11'14) St:ctivn Fount:eft (14). Town:snip Tv‘ettly-nitte 129 t,
Range I so...tont-mut 71 1. \Vatthinion C,sont,
475599v3 SJS LA5l5-12
12
AND
i'hcSiitzth Forty tierc5 o/' (Li wciinniCrit (5), SC5.!Zi011 ( (?) :1141 (11:' SOUT,(1CjSI
Qiljt (1:r Of Ult: SO11111w.-1 Quarter of SW,' 't:s) 4Section Ten 111)). ANI) !IR: North natty
t30 acres of site Niirnit ono -ball ot the Ntirthwest Qtatitor iN of N'AV of Seitiion fifteen
( I Township .1\sct1ty•Mite (29) North of Ealqp.:"1-svonly-one (21) \Vest, containiiio 4 ILO
acres 111Or0 Or
Ilea r4'."1 ()Ith'2: 1Ict05 Ur Goya-m.1,0.w I All 5- Sec.:110n 10- )nil Quiwwli
the Southwest Qttin ter iiliSeetion 10, and the N0111130 acres of the North One-4 [of th,e
Norilttsost (Join -tor (it Section 15, all in 1 too, ruthip 20 North. Rang.1:: 2 I West, \Va1.lii4tcr,
County, NItocesulti. described as follows:
at the norMst csi corner ol said Section 15; thi.-nee. South 00 dettrees, 18
seconds West, bearins are based on ihe \li=t1„Isington (:onvity Coimli(1.ite System .SA1)8.3. tilmic
the lino of said Section 1.5. a distance of 501_27 loci to the south line of said North 30 acres
of the North One-11:11( r Litt:Northwest of Section 15, thence North 89 dogrozs, 51
minutes, 00 set.iii kit; East. :dom: said south a distance of 1808.50 feet, thence North 00
deips.ies. 02 minutes. 32 and parallel nith the oast lino oi said Northwest Quarter of
Sion 15. a disthivie of 501_26 1001 to thi: north Section 15, thence South 89
degrees, 5 i inn -utter, 00 seconds Wesit, along said north lino it distance ur 105.52. Icet. thence
North Ot) dogrces, 53 minutes. 2 i accords West and parallel with the west lino Seetiiin
a distance of 650.00 red. therico South 89 degrees, 51 rintiiitos, 00 seconds West and parallel
with theo 11111 ine of said Section 1 0, a distanee 241004? 11.ict. thence North 00 dt.t.rees. 53
2! .5.:(,n(ls \Ye,t ;Ind parallel with the 'co Iii oti.=aiii Seetion 10, a distance 1f6.56.24
fact. to n point on I'm: noiih iif SouthiNis: Southwest Quarter of Section
thonee South 80 dcgroes, mitthtes, 34 seconds West, along said north line, a distance Oi
193.17 feet to the northtt est (0OMir Of su 9 Southeast Qum ter oldie Southniest Qintrter, thence
North 00 detirees, 42. 4oittetes.3`).seetintl.-- West, ali102. the Ca:if It'ae 19 said Ciiiveirxlen; 1,015, ;i
dIsiaacx c)C 2,9..52 feet lo the northeast con ter of said South 41) icrco ol(invornmont I.oi 5, thone
110(14 89 ili.l.trees. 5 minutes, seconds Wst, aloita the not th 1111 or said S(11.1t11 411 01
Cioverntrioni 1.ot 5, it iiisizince ,tf 706.92 feel, thence Sonih degrees, 53 minutes, 21 seeonds
F.:1st and parallel ‘5.1(11 the west lino Seetion la, o Mia,41.ce of 20(1.00
degrees 54 mitittros, 03 seconds West, a distance of 127.25 feet. thence. South 89 degrees, 54
int:totes. 00 seconds West and parallel with the north line or said South 40 acres of Government
&stone,: of 5l10.01.1 f 1It.) the west lino of said Serf ion 10, [1],:ne.L: South 00 degrees, 53
Ininotcs, 21 s.:o.oh!N Fasi 4,110 the v.est incof:cilia Secti‘m 111, ,:disiorice of 105.5.45 feel to ',lie
COIYLO1OrO,, 65,9 15101: Of li:tSS,
AND A I .S0 IACF.1'
All that rui ,sfIlio South 43 7.1.51-,:s of Go vorrimont Lot 5, Soction 10, Township 29 North,
/ Vticst. „\linnesota, described is lidlws:
21
478599v7 SJS LA515-12
Conlroencirte al the .sott111, est cornet of said Section 10, Ihonc,:: North 00 dcgrcel, 51 minutes. 21
seconds \VeNt alk:»tg the Wi;!:A line of said Section 10, a di stancg to- 1 L ut the point (..tf
thetteg continuing North Olt dgt-trzeg-..:.13 minntes. 21 :ectat,...1; t41,,tilL; the ..kest.1
Sittttion 10, titt,taitce 2SO.t.tt) lett: to the nortlyx,1-st corner of said South 11.) acres ;if
Outvet-nrrasnt 1,'t 5. thencc: North li1) (leo ce.s, 51 In ittn`—'s.. Orr sco.tn,ls East along rlia north line
said ti, twit trt acrg;.; or (101.-crunleitt Lot 5. t 600,1)1) It1C,!11‘:%.: S,nitil 57,
minute's, 21 second., Fast tind rtirailt.t) 11:11 cic VCit line Of sai2 Set:t ion 10.: a distance ;)1.200.1t1
Igct. thgneel-lotati) 1(.1::grgcs,34 mitnaes. 01,1 Wi:S1, A (ftiOttlicit 01177,25 reef, thenee
Socal; ilettreei,5 thins, 041set,cmcis West :And ptintill,t111.iill the north line of sni,1 South 4)
acres of Government f i distance of 5( /0.00 1-get to the poirt. of rtegionin,„,„ con1...tinitr! 3.S
11,t7Ltit,tt r
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EXHIBIT B
Preliminary Plans for the Nature Center
The image reproduced here represents a more complete preliminary plan contained
in the accompanying document "Sketches for SMINC 12-19-2016.ppt"
NORTH EAST PERSPECTIVE
E DATE
SALLY MANZARA INTERPRETIVE NATURE CENTER
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EXHIBIT C
Description of Nature Center Building Site
The Nature Center Building Site is defined as one acre (a square plot approximately 207
feet on a side) oriented with the edges north -south and east -west, with its eastern side
centered on the existing fire hydrant which is located just west of the Sunfish Lake Park
south entrance drive just before it turns into the parking lot, and its northern side centered
on the southernmost of the boulders which form the southern boundary of the existing
parking lot.
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EXHIBIT D
Mission Statement
The Sally Manzara Interpretive Nature Center —
• Stands as a symbol of the Stewardship of our community for its natural
surmundings and heritage
• Serves as a focus of community activities related to outdoor life
• Provides a place where people of all ages can learn about the unique natural
history and ongoing ecology of Sunfish Lake Park
• Teaches general environmental awareness via specific local examples
• Honors the agricultural heritage of Lake Elmo
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