HomeMy WebLinkAbout13.C.3. Purchase Agreement for Wetland Mitigation Conservation Easement for CSAH 21 and Pike Lake Road Improvements
/3. c. 3.
CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Authorize Purchase Agreement between the
City of Shakopee and Gene and Virginia Hauer for a
Permanent Wetland Conservation Easement for
Wetland Mitigation of CSAH 21 and Pike Lake Rd. Improvements
DATE: June 6, 2006
INTRODUCTION:
I Attached is a purchase agreement between the City of Shakopee and Gene and Virginia
Hauer for the purchase of a permanent wetland conservation easement. to mitigate
wetlands associated with future CSAH 21 and future Pike Lake Road improvements in
the City of Shakopee.
BACKGROUND:
On January 17, 2006, City Council authorized the appropriate City officials to execute an
agreement between Scott County and the City of Shakopee for wetland mitigation
associated with future CSAH 21 and Pike Lake Road improvements. This agreement is
such that the City is the lead agency for acquiring a site for wetland mitigation in which
the City and County will participate on pro-rata share based on acreage needed for each
agency.
Staff has been working with Pete Beckius of the Soil and Water Conservation District
and Terry Jeffrey of WSB & Associates in locating sites within the Prior Lake - Spring
Lake Watershed District (PLSLWD) area for wetland mitigation. One such site deemed
to be excellent for wetland mitigation is on property.owned by Gene and Virginia Hauer
near T.H. 282. The wetland mitigation site that a purchase agreement has been drafted
contains 21.53 acres of wetland. The proposed purchase price is $25,000.00 per acre
which is has been agreed upon between the property owner and staff. The City and
County will have additional costs to construct and restore the area into a permanent
wetland as well as monitoring and maintenance for a certain period. The costs estimated
for this work would be approximately $10,682.00 per acre. The total costs to purchase,
construct and maintain the wetland is estimated at $35,682.00 per acre which is in the
range of wetland purchase that could be from the Board of Soil and Water Resources
ban1e
In the agreement, Scott County would pay 76% of the costs of purchasing land and
constructing wetlands and the City would pay 24% of that cost. These percentages will
change as the wetland impacts by the City is 3.16 acres and the County's for CSAH 21
impacts is 6.64 acres and depending on the amount of acreage that the City needs or
desires versus the needs or desires of Scott County. In the CIP, the City did budget
$150,000.00 for wetland mitigation area from the Capital hnprovement Fund (CIF).
The City's total wetland impacts are as follows:
Pike Lake Road 2.75 Acres
Bituminous Trail through Park 0.32 Acres
Fire Station Entrance 0.09 Acres
3.16 Acres
Cost of wetland mitigation, including land, is estimated to be @ $35,682.00 per acre and
the City must mitigated at a 2: 1 ratio or 6.32 acres. The total cost of wetland mitigation
is $225,510.24. Funding of wetland impacts would be as follows:
Pike Lake Road CIF $196,251.00 ./'
Bituminous Trail through park Park Reserve $ 22,836.48
Fire Station Entrance Building Fund $ 6.422.76
$225,510.24
Staff believes that the purchase price is in line with other acceptable prices in the area for
wetland mitigation and is an excellent site for restoring an area back to a wetland. Scott
County also agrees with the purchase price as proposed. The action for the City Council
is to authorize the appropriate City staff to enter into a purchase agreement with Gene
and Virginia Hauer for a permanent wetland conservation easement.
ALTERNATIVES:
1. Authorize the appropriate City officials to execute a purchase agreement with
Gene and Virginia Hauer for a permanent wetland conservation easement for the
wetland mitigation associated with CSAH 21 and Pike Lake Road improvements.
2. Do not authorize the purchase agreement to be executed at this time.
3. Authorize the appropriate City officials to execute a purchase agreement with
Gene and Virginia Hauer, as modified by the City Council.
4. Authorize the appropriate City officials to execute the conservation agreement
between the Hauer's, Scott County and the City of Shakopee.
5. Authorize the appropriate City officials to execute an extension agreement with
WSB & Associates, Inc. for final construction plans and services for the Hauer
mitigation site.
6. Table for additional information.
RECOMMENDATION:
Staff would recommend Alternative No.'s 1, 4 and 5, to authorize the appropriate City
officials to execute the purchase agreement with the Hauer's for a permanent wetland
conservation easement associated with wetland mitigation for future CSAH 21 and Pike
Lake Road improvements. It should be pointed out that by purchasing land south of the
MUSA area, the City and County would be saving approximately 4 times the amount per
acre by this purchase. Staff also recommends executing the conservation easement
agreement and the extension agreement with WSB & Associates, Inc. for final
construction plans.
ACTION REQUESTED:
1. Authorize the appropriate City officials to execute a purchase agreement with
Gene and Virginia Hauer for a permanent wetland conservation easement for the
wetland mitigation associated with CSAH 21 and Pike Lake Road improvements,
subject to the City Attorney's approval.
2. Authorize the appropriate City officials to execute the conservation agreement
between the Hauer's, Scott County and the City of Shakopee, subject to the City
Attorney's approval.
3. Authorize the appropriate City officials to execute an extension agreement with
WSB & Associates, Inc. for final construction plans and services for the Hauer
mitigation site.
h~~
Public work. irector
BUpmp
ENGR/2006PROJECTIPIKELAKERDIWORDIEASEMENT
PURCHASE AGREEMENT
1. PARTIES. This Purchase Agreement is made this day of , 2006 by and
between EUGENE F. HAUER and VIRGINIA T. HAUER, husband and wife (the "Hauers") and
the CITY OF SHAKOPEE,a Minnesota municipal corporation (the "City").
2. SUBJECT PROPERTY AND PROJECT.
A. HAUER PROPERTY. The Hauers are the owners of approximately 107.9 acres of
land located in the southwest comer of State Highway 252 and Redwing Trail in
Sand Creek Township, Scott County, Minnesota (the "Property"), legally described
on the attached Exhibit A.
B. WETLAND RESTORATION/MITIGATION PROJECT. The City is
undertaking improvement projects associated with Pike Lake Road, CSAH 21 and
the Shakopee Fire Station ("Project"). The City desires to purchase a permanent
conservation easement over a portion of the Property in order to restore a wetland
basin. This wetland restoration will be used by the City to mitigate wetland impacts
associated with the Project.
C. CONSERVATION EASEMENT. The City desires to acquire a permanent
conservation easement over a tract of land consisting of 21.53 acres of land (the
"Conservation Easement"). The Conservation Easement is legally described on the
attached Exhibit B and is depicted on the map attached as Exhibit C. The
Conservation Easement instrument is attached to this Agreement as Exhibit D.
D. TEMPORARY CONSTRUCTION EASEMENT. The Hauers have requested
that the City .and County construct a culvert on the Property that will operate in
conjunction with the wetland that is being restored in the Conservation Easement
Area. The Hauers have agreed to grant the City and the County a temporary
construction easement on the Property to allow for the installation of the culvert
by the City and County.
3. OFFER/ACCEPTANCE. In consideration. of the mutual agreements herein, the City
offers and agrees to purchase and the Hauers agree to sell and convey to the City a permanent
Conservation Easement. The Hauers also agree to convey to the City a temporary construction
easement in consideration for the installation of the culvert on the Property.
4. CONTINGENCY. The City's obligation to purchase the Conservation Easement is
contingent upon the approval of this Agreement by the City Council.
5. PURCHASE PRICE. The Purchase Price for the Conservation Easement is $538,250.00.
290160vl SJS SH155-175 1
6. TERl\1S; DELIVERY AT CLOSING.
A. EARNEST MONEY. The sum of One Hundred Dollars ($100.00) Earnest Money
to be paid by the City to the Hauers within ten (10) days after this Agreement is
approved by the City Council.
B. BALANCE AT CLOSING. The City agrees to pay by check on the Closing Date
the balance of the Conservation Easement Purchase Price, according to the terms of
this Agreement.
C. DOCUMENTS TO BE DELIVERED AT CLOSING. Subject to performance
by the City, the Hauers agree to deliver the following to the City at Closing:
a. An executed conservation easement which is attached as Exhibit D;
b. Signed consents or releases from. all mortgagees and lien holders;
and
b. Such other documents as may be reasonably required by the City's
title examiner or title insurance company.
7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS.
A. The Hauers shall continue to pay real estate taxes and assessments due and payable
in 2006 and thereafter on the Property. The City shall have no responsibility for
payment of any real estate taxes or assessments with respect to the Property or the
Conservation Easement.
B. The Hauers and the City acknowledge that there are no levied or pending special
assessments against the Property.
8. MARKETABILITY OF TITLE. The Hauers represent and warrant that the .following
persons or entities are the only persons or entities with ownership interests in the Property:
A. The fee owners of the Property are Eugene F. Hauer and Virginia Hauer, husband
and wife.
B. There are no contracts for deed, mortgages, tax liens, or judgment liens against the
Property.
9. CLOSING DATE. The closing of the sale of the Conservation Easement shall take place
on a date to be mutually agreed upon by the Hauers and the City, but no later than July 5, 2006.
The closing shall take place at the Shakopee City Hall, 129 South Holmes Street, Shakopee, MN or
such other location as mutually agreed upon by the parties.
10. CLOSING COSTS AND RELATED ITEMS. The City shall pay the costs for preparing
and recording the Conservation Easement. The Hauers are responsible for costs. necessary to
290160vl SIS SHl55-175 2
establish or clear their title to the Property and to obtain mortgagee and lien holder consent to the
Conservation Easement. Each party shall be responsible for its own attorneys' fees and costs.
11. DISCLOSURE; INDIVIDUAL SEW AGE TREATMENT SYSTEM. The Hauers
disclose that there is not an individual sewage treatment system on or serving the Property.
12. CONDITION OF SUBSOIL AND GROUND WATER. The Hauers hereby warrant to
the City that to the best of their knowledge during the time that they have owned the Property there
have been no acts or occurrences upon the Property that have caused or could cause impurities in
the subsoil or ground water ofthe Property or other adjacent properties. This warranty shall survive
the closing of this transaction.
The Hauers agree to indemnify and hold harmless the City from any and all claims, causes
of action, damages, losses, or costs (including reasonable attorney's fees) relating to impurities in
the subsoil or groundwater of the Property or other adjacent properties which arise from or are
caused by acts or occurrences upon the Property prior to the City taking possession of the same.
This indemnity shall survive the closing of this transaction.
13. WELL DISCLOSURE. The Hauers certify that they do not know of any wells on the
Property.
14. THE HAUERS' WARRANTIES. The Hauers warrant that there has been no labor or
materials furnished to the Property for which payment has not been made. The Hauers warrant that
there are no present violations of any restrictions relating to the use or improvement of the Property.
These warranties shall survive the closing of this transaction.
15. NO RELOCATION BENEFITS. The Hauers acknowledge that the Property is vacant
and unoccupied, except for that portion currently improved with public streets, and that the
acquisition contemplated by this transaction will not cause the Hauers to be displaced. The Hauers
acknowledge that they are not entitled to relocation benefits pursuant to Minnesota Statutes Section
117.52 et seq.
16. BROKER COMMISSIONS. The Hauers and the City represent and warrant to each other
that there is no broker involved in this transaction with whom either has negotiated or to whom
either has agreed to pay a broker commission. . The City agrees to indemnify the Hauers for any and
all claims for brokerage commissions or finders' fees in connection with negotiations for purchase
of the Property arising out of any alleged agreement or commitment or negotiation by the City, and
the Hauers agree to indemnify the City for any and all claims for brokerage commissions or finders'
fees in connection with negotiations for purchase of the Property arising out of any alleged
agreement or commitment or negotiation by the Hauers.
17. NO MERGER OF REPRESENTATIONS, WARRANTIES. All representations and
warranties contained in this Agreement shall not be merged into any instruments or conveyance
delivered at Closing, and the parties shall be bound accordingly.
290160vl SIS SHI55-175 3
18. ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire
agreement between the parties, and no other agreement prior to this Agreement or contemporaneous
herewith shall be effective except as expressly set forth or incorporated herein. Any purported
amendment shall not be effective unless it shall be set forth in writing and executed by both parties
or their respective successors or assigns.
19. BINDING EFFECT; ASSIGNMENT. This Agreement shall be binding upon and inure
to the benefit of the parties and their respective heirs, executors, administrators, successors and
assigns. The City shall not assign its rights and interest hereunder without notice to the Hauers.
20. REAL ESTATE EXCHANGE. The Hauers may desire to exchange the Property for
other property of like kind and qualifying within the meaning of Section 1031 of the Internal
Revenue Code. The Hauers expressly reserve the right to assign their rights but not their
obligations hereunder to a qualified intermediary as provided in Internal Revenue Code
Regulation 1031 (k)( 1 )(g)( 4) on or before the date of closing. The City agrees to cooperate with
the Hauers in accomplishing the foregoing but without cost to the City.
21. NOTICE. Any notice, demand, request or other communication which mayor shall be
given or served by the parties shall be deemed to have been given or served on the date the same is
deposited in the United States Mail, registered or certified, postage prepaid and addressed as
follows:
a. rfto the Hauers: Eugene and Virginia Hauer
523 Timber Court
Shakopee, MN 55379-3505
b. rfto the City: City of Shakopee
Attn: Bruce Loney
129 South Holmes Street
Shakopee,MN 55379
22. SPECIFIC PERFORMANCE. This Agreement may be specifically enforced by the
parties, provided that any action for specific enforcement is brought within six months after the date
of the alleged breach. This paragraph is not intended to create an exclusive remedy for breach of
this agreement; the parties reserve all other remedies available at law or in equity.
IN WITNESS WHEREOF, the parties have executed this agreement as of the date written
above.
Eugene F. Hauer
Virginia T. Hauer
290160vI SJS SH155-175 4
CITY OF SHAKOPEE
By
John Schmitt, Mayor
By
Mark McNeill, City Administrator
By
Judith S. Cox, City Clerk
290160vl SJS SHl55-175 5
EXHIBIT A
Legal Description of Property
That part of the following described parcels of land in the Township of Sand Creek:
That part of Government Lot 1, and the East Half of the Southwest Quarter, all in Section 13,
Township 114, Range 23, Scott County, Minnesota. And that part of the Northeast Quarter ofthe
Northwest Quarter of Section 24, Township 114, Range 23, Scott County, Minnesota, lying
easterly of the centerline of Sand Creek Township Road No. 161 (as defined by document no.
265275) and lying southeasterly, southerly, westerly and southwesterly of the following
described line:
Commencing at the northeast comer of the Northeast Quarter of the Northwest Quarter of said
Section 24; thence South 00 degrees 54 minutes 25 seconds West, assumed bearing, along the
east line of said Northeast Quarter ofthe Northwest Quarter adistance of 1.87 feet to the point of
beginning of the line to be described; thence South 59 degrees 56 minutes 40 seconds West a
distance of 450.40 feet; thence along a tangential curve concave to the north, having a radius of
117.54 feet, a central angle of 46 degrees 05 minutes 16 seconds, an arc length of 94.55 feet;
thence North 73 degrees 58 minutes 05 seconds West, tangent to said curve a distance of 105.11
feet; thence along a tangential curve concave to the northeast, having a radius of 53.23 feet, a
central angle of 58 degrees 48 minutes 56 seconds, an arc length of 54.64 feet; thence North 15
degrees 09 minutes 09 seconds West, tangent to said curve a distance of 540.00 feet; thence
North 50 degrees 22 minutes 41 seconds West a distance of 434.93 feet; thence North 88 degrees
34 minutes 12 seconds West a distance of 394.00 feet more or less to the centerline of said
Sand Creek Township Road No. 161 and there terminating.
And
That part of Government Lot 7, Section 14, Township 114, Range 23, Scott County. Minnesota,
lying easterly and southerly of the plat of KLEHR SECOND ADDITrON and lying easterly of
the northerly extension ofthe east line of said plat.
And
That part of Government Lot 1, and the East Half of the Southwest Quarter, of Section 13,
Township 114, Range 23, Scott County, Minnesota, lying northwesterly of the centerline of Sand
Creek Township Road No. 161 and its northerly extension, (as defined by Document No.
265275), and lying northwesterly of the westerly and northwesterly line of Lot 2, Block 1,
KLEHR FIRST ADDITrON and its northeasterly extension.
290160vl SJS SH155-175
EXHIBIT B
Legal Description of Conservation Easement Area
Commencing at the northwest corner of the Northwest Quarter of Section 13, Township 114,
Range 23, Scott County, Minnesota; thence South 00 degrees 42 minutes 31 seconds West,
assumed bearing along the west line of said Northwest Quarter, 2653.21 feet, to the southwest
corner of said Northwest Quarter; thence South 00 degrees 38 minutes 29 seconds West, 79.12
feet, thence North 88 degrees 54 minutes 25 seconds East, 56.37 feet, to the point of beginning;
thence South 00 degrees 48 minutes 45 seconds East, 250.77 feet; thence South 89 degrees 05
minutes 33 seconds West, 70.06 feet; thence South 17 degrees 16 minutes 55 seconds West,
1045.24 feet; thence South 00 degrees 26 minutes 22 seconds East, 331.48 feet; thence South 89
degrees 50 minutes 19 seconds East, 774.72 feet; thence North 16 degrees 57 minutes 20 seconds
East, 603.23 feet; thence North 00 degrees 00 minutes 00 seconds East, 283.08 feet; thence North
49 degrees 26 minutes 48 seconds West, 727.11 feet; thence North 00 degrees 25 minutes 58
seconds West, 251.16 feet; thence South 88 degrees 54 minutes 25 seconds West, 21.82 feet; to
the point of beginning.
290160vl SJS SHl55-175
EXHIBIT C
Map Depicting Location of the Property and Conservation Easement
290160vl SJS SHl55-175
- - - -.- ~ -.- ---.:..- -.- - --
T NW COR OF THE NW 1/4 SEC 13 T 114 R 23
FOUND SANDSTONE MONUMENT
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"~;' - < !~WEST UN:.:]HE NW 1/4 SEe 13 T 114 R 23
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SW COR OF THE NW 1/4 SEC 13 T 114 R 23
--.--- FOUND 3/4" IRON MONUMENT
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21.82'
COUNTR
~ PROPOSED WETLAND CONSERVATION EASEMENT
AREA = 937,740 sq.ft. 21.53 acres
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A - WSB Project No. 1281-90 Date 12/13105
701 Xenia Avenue South. SuIte 300 Wetland Restoration CITY Project No. Revised Date 519106
WSB Mlnneapo6s, MN 55416
www.wsbeng.com Hauer Property Easement Exhibit Parcel 1
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__16Ull-4800.FIIl763-S41-1700 Scott County, Minnesota
~ INFRASTRUCTURE !l ENGINEERING l PlANNING I CONSTRUCTION
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EXHIBIT D
Conservation Easement Instrument
290160vl SJS SHl55-175
THIS EASEMENT is made this 2006 by and between
Eugene F. Hauer and Virginia T. Hauer, and the City of
Shakopee, a Minnesota of Scott, a political
subdivision in the I
A. The in Scott County, Minnesota, legally
described
the Property, subject only to the interests of record
"Permitted Encumbrances").
have requested that the Hauers grant to the City and County an
and preservation of the terrain and vegetation, and to prohibit
acts (the "Conservation Easement"), over that portion of the Property
in attached Exhibit C, which is shown on the site plan attached to this
as Exhibit D (the "Easement Area"). The purpose of the Conservation
is for the City and County to reconfigure and restore the wetland located in the
Easement Area. After the wetland is restored, the City and County shall
maintain and manage it in order to improve the water quality and water resource habitat.
The Hauers have requested that the City and County construct a culvert on the Property
that will operate in conjunction with the wetland that is being restored in the Easement
Area. The Hauers have agreed to grant the City and the County a temporary construction
easement on the Property to allow for the installation of the culvert by the City and
County ("Temporary Construction Easement").
290389vl SJS SH155-175
E. The Hauers are willing to grant the Conservation Easement and Temporary
Easement in accordance with the terms of this Agreement.
PROVISIONS
In consideration of the payment of good and valuable consideration
promises of the parties contained in this Easement, the parties agree as follo.~s:
....,J11,::;\
A. T~e Hauers gr~nt and convey.to the City and the County aIl~Jh~~rJ&~~ccesso:s
thIS ConservatIOn Easement m, under, on, across and o~er,~h~d",€onservatIon
Area, and the City and County accept this Conservation ~~~.~&ient.
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B. The following terms and conditions shall apply to the Coi1S'ervati~h Easement
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1. The City and the County and.1h:~1i: officials, en1~l~~~~~,"contractors agents
may perform the following ad~ivtiHes within th~< Gionservation Easement Area.
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The City and the County shaJl pJrye the generil. ~ghts of ingress and egress,
equipment staging and use,! ~d')tlpi~terial stoc~~ift*g within the Conservation
Easement Area in connectio~~wh~\!h:~~e activitiesJ'::;! ';11
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a. Mo<;\ifY:i;and restoretUe~b~~I~d banks J~JWe wetland that is within the
~09~~~'tion Easew~tlitM~~;' All restoration activities shall remain
if 'fti~pt~i4~d within thef~d4stIYtt!Qn Easement Area at all times;
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,-:I'I''',noo,,_Jlh. ','1 ","00""'''001 .' (":~d+T'---- +illi~--- "';,-:-:'":~_{Y'-- ,-;
b. 11111!' .!;i1DIre,~, ;and redIrect"stirfateJ'water flows; flood or drain land, wholly or
:LxlW::;_,;;?~;1At;- /\gt;-:;;,~~jr!:V ,&!i:\),o:,;ltii;-- ~ t,:?LJI'
..I;~ldfp~l~;land otheny~s~( preserve surface flows through the Conservation
''It' '1?,a~ei1Ient Area. ~ }:f~is does not include the right to increase flood
~i&I(1~~~r~1~!i~r' drain o~rrlHirect surface flows on or across any lands outside of
f.<,\t<theiP~~~\ervationffEasement Ar~a. In the event that the hy~rology exceeds
~i}}fi\<the}!'coDfines of the ConservatIOn Easement Area, the CIty and County
;<i\~\iliil~hadt\~d.tu\t the run-out elevation of the control structure accordingly so
~~" ~~l<that \it~hc:tlonger exceeds the Conservation Easement Area;
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c. ~1I:l~}install, operate, maintain, us~, re?uild ~d remove s~~tures for m~aging
il. i water flow and water elevatIon mcludmg, but not lImIted to, stagmg and
stockpiling, excavating, depositing of spoils and grading, placing
temporary or permanent flow management structures, and use of
equipment as necessary or convenient to do any ofthe preceding;
d. Plant, alter, remove and otherwise manage vegetation through means
including, but not limited to, mowing, weeding and use of approved
herbicides;
e. Install, operate and maintain and remove equipment to sample or monitor
soils, surface water and groundwater, including appurtenances such as
power supplies for any equipment;
290389vl SJS SH155-175
f. Install and maintain signs stating that the Conservation Easement
subject to this Conservation Easement or describing the purposes to
this Conservation Easement is dedicated; and
g. Enter the Conservation Easement Area at reasonable
activities on and uses of the Conservation Easement Area
with the protocols specified in Minnesota Rules 81,tO.0600
The City or County may act to prevent or remedYIi1!11lactivities
_dt-,,';;7i_tf;",n, ::+.1/
the Conservation Easement Area not consi?f~~t ,,}~ith the
Conservation Easement. j' .t} \Jti~~i
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2. The Hauers shall not do or knowingly allow otI1~lf to q~ any of the
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WIt respect to the ConservatIOn Easement Area: l';~ilc 1i1,1i',}~
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a. Perform acts in the Cons,ervation Easemefit';,M~~'ithat are in of
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the specific terms ~!ij;!~~s Conservat~o~~:'Easement or that would
significantly impair or<;~rl!ef~ere with th~;ifi.l'p.ction of the wetland or the
City and County's~x~t6i~~ of their ti~ts under this Conservation
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Easement. } ,+'" J}'.il,,'Yi , )1.; 'I
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ffiwnmmlli -_'"lw~-,-,,_3UF'---_ - Qill - " Xii,
b. all or any paIt'0ftfre';,(5onservation 'Easement Area for residential,
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or industrIal de~elopment; , ,.
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c. co~eif~~f~/~r;f~rt~Jitri~1 ~ctivities withi~ the Conse:r;ation
Area, m~l<<d~yg, \utJnot lImIted to, exploratIOn or extractIon of
grav~t i(~r any other natural resource on or from the
Easefu~nt Area'
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d. or instIll' a building, structure or improvement of any kind
Conservation Easement Area, including, but not limited to,
parking lots, roads or trails;
e. surface of the Conservation Easement Area, including but not
to, filling, excavating, or removing soil, sand, gravel, rocks or
other materials;
f. Engage in activities or uses within the Conservation Easement Area that
cause or are likely to cause soil degradation, erosion, sedimentation or
water pollution on or within the Conservation Easement Area;
g. Dump, dispose or otherwise place refuse, trash or other waste material
within the Conservation Easement Area; and
h. Remove, destroy, cut, mow, or otherwise alter vegetation within the
Conservation Easement Area, or apply fertilizers, herbicides or pesticides
on or to the Conservation Easement Area, except with prior written City
and County approval and as reasonably required to prevent or control
290389vl SJS SHI55-175
infestations, noxious weeds, disease, fire, personal injury or propeIiy!r:!r
damage, or to improve the hydrological function and value of the ,w:~te~i::
resources within or associated with the Conservation Easement Are,~f .::(;,;. .;1;
;[h .jl:;I:r:I:~;I:l [["I'
3. In the event that the Conservation Easement Area or any part of it is svlJj~G.f:tQ the
'+,'\P"':_ _---,,~;/,:,1ill\;:,- '0'-: __~"',~+~
Minnesota Wetland Conservation Act, Minnesota Statutes Section (fO,R,(::'J.:~21 et
seq., or other state and federal wetland regulations, the H~Ip.ers shall.c6op~\fcte in
steps needed for regulatory approval. This includes'~Dut is not 1in1it~.a to,
,.!{i'Wf'-,- .,_"j,Jb:SSf:' _IWTw,:v,:'i}m,i!%
executing and recording covenants or declarations ~\lt%lmix limit activit~l:~~thin
the Conservation Easement Area in ways other Jha~:or~:iri" addition to tH:bs~ set
r~bf:F::)AIH;_>,:(j:I' :hl~;:>'i~/IJ '
forth in this Conservation Easement, but exclud~~:tlIe placing of constt~lnt~ or
encumbrances on any part of the Property thaf'jl~:;1not ,;yithin the Con~~~~tion
Easement Area ,1.1;,. I,j ';."" '111111' M1
. (i'-"'oo"y:.l!Ttr<:::: ,j;l'Sf,f:~:\,:/d!W""; ;:iYC+"_':-~ vn1
li:~:;~If: '[~::::::;;;':;I ;:::((:;::::j
C. With respect to the Conservation E~s,,~11,1ent Area, t~~:l!!a~~rs make the f~fiowing
representations to the City and the Couilt)i;i;J 1\;f'J;(
~::;l~~'}:\::, t..~:;~~:
1. At the tim~ of ~anting th~ ~P~~€~ftion Easent~~f;tfO th~ City and County, ~he
Hauers belIeved III good faltl;1"t:ijllt:they owned fee:~llIiple tItle to the ConservatIOn
Easement Area subject only f~~h~:r~pnitted Enc~pf~~ances;
/vJli ~)': i!Jfljl:!J
2. The not used;fe~Pl~Y;~~,;: depositeJ~' ~~ored, disposed of, placed or
if 1;+. I,:" 1;+.. .
alloW\~d"~oG.bffleln or on the Conservation Easement Area,
Il~~~d~ti~~\w~,ste, pollutant, or contaminant, including,
t~ose df~~~b 1~ qy:ptr~uant to 42 United States Code Section
Mlnnes~taj~tatutes SectIOn 115B.Ol, et. seq. (such substances,
and"j;ppvtaminants hereafter referred to as "Hazardous
e. ';;+"
~;+ 'I::'
knowingly allowed any other person to use, employ, deposit,
place or otherwise have, in or on the Conservation Easement
Substances.
convey to the City and the County and their authorized
agents, contractors and subcontractors, a Temporary Construction
over the Property for culvert construction purposes, including but not limited
the placement of the culvert and other related structures and the placement, movement
and operation of equipment. This Temporary Construction Easement shall expire upon
completion of the construction ofthe culvert.
The Hauers reserve all rights accruing from the ownership of the Property that are not
otherwise conveyed to the City and County by this Easement, including, but not limited
to, the right to engage in or allow others to engage in activities or uses of the Property
that are not prohibited or limited by this Easement, including but not limited to, hunting
activities and the right to sell or transfer all or part of the Property subject to this
Easement. The Hauers shall inform all others who exercise any right on the Property by
290389vl SJS SH155-175
or through the Hauers of the nature of the Easement and the general constraints
by this Easement.
E. In the event of a sale, transfer or lease of the Property or a portion of the
Hauers agree to inform the transferee or lessee of the existence of this
Hauers shall give the City and County fifteen (15) days' prior written
transfer or lease of all or any part of a property interest in the Property.
",!}&~?>~-
,:~,n,''':3:~1!(!iiillJ
F. The Hauers retain all financial obligations and bear all cos~~I:'01~J1;diliabilities of
accruing from the fee ownership of the Property. The(~auers~'shall pay all
fy'iYthfg,?,?[c
assessments levied against the Property. Ihl':::~~~\1I
G. 9;::::~;:,~~ ::'
The Hauers agree to indemnify, defend and hold harmless"t~~l:;ity,and County,
against any and all suits, actions, causes" of action, pro~~1~9~Si claims,
damages and expenses, in~luding rea~,*~i:~l?le attorneys'~f~~~;:lIthat City or . incurs
becau.se of the breach of thIS Easement~::~~~a~h of an~ of~~~~:,abo:e representatIons. and/or
resu1t~ng from ?r due to ~he Hauers~l:i~rit~~t~onal ~Isrepr~~~ptatlOn of any matenal fact
contamed therem. The CIty and Coun:tM,agree to mdemnIfY, defend and hold harmless
the Hauers from and against any ai1(r~J11i:7~uits, action~;;rQa,uses of action, proceedings,
-~l-'(' "':'::::<.di:,:tI!:lll}n)j; ::::::>::Y;:1'_!_'_*J
claims, loss~s, costs, damages ~nd ~~~;~rl~:~~I;:including. r~~~~19hab!e attorneys' fees arising
out of the CIty or <:,q~ty's deSIgn, gonstrq~!IOn, operatIo~lj,drmallltenance of the wetland,
hdllli:I;; I. fr I'h, iI0;;.; . . .001,,; f h H D h. h h
except to t e ~~teht~~~su tlllg o:m:;'an a,ctll:>n or lllactlOn 0 t e auers or w IC t e
Ijhi'.'1 'MIII'M"h." I;'.' I ""l'iAl1.;'."
Hauers would,:~~dep,~p~ently be suqJecrJ~jhliability.
, ,;,.~j;, ";:.:;1;;; if;;; . 11",,14;. ~;
;~:::::::::!~Ji10ilj! ,p~;~~:~::::-'-' - - \!;ir]~ih~+;R:--:>':: 1f~~F:i-'::~:~-'~::-:;:,;;Aqi%i??~::::i:i::::::::::::::::::~,;I!l.:
1;,' '~li;\0'~~'!:lrlll ;11>;<; ';illll~V !~\ . .. ..
H. The Hauets,tMe C\l~~;:~md the C~~htypeach remalll solely responsIble for mallltallllllg
liability arttLo hi . ift~\rrance fot;~:::'fifspectitrely, their own uses and authority over the
1'kiTmliii!?::::':! c - -:,,":1'11:':<;(:::::::- f;/:>:'tl~ji~1
PropertY.k~~?[';~~i' Iii; .,'
I!II,',; Ik;I~lr!I;;III%}4;%rr~~:~I;.
decision;tr~I~~itI!~r~lparty not~to; exercise its rights of enforcement in the event of a
of ~,~~ q~~~i)fasement is not a waiver.of such term,. any subsequent breach of
same or arfN otfl~r!!erm, or any of the party's nghts under thIS Easement. The delay or
. to.1~i~()~~r a0B'each or.to exercise a right of enforce~ent as to such brea:h does
ImpaIrn~tWaIve a party's nghts of enforcement, all of WhICh shall be cumulatIve and
r:~1:WRJI!~I'I;;
exclus~ye~ I~:l;
11111:'. .
11';;+;
notice or other communication that a party must give to the other shall be in writing
delivered to the following addresses or such other address as the party designates by
written notice to the other parties:
HAUERS CrTY COUNTY
Gene and Virginia Hauer Administrator Administrator
523 Timber Court 129 South Holmes Street 200 Fourth Ave. W.
Shakopee, MN 55379 Shakopee, MN 55379 Shakopee, MN 55379
K. This Easement is governed by the laws of the State of Minnesota. This Easement sets forth
the entire agreement of the parties and supersedes all prior discussions and agreements. The
parties may amend this Easement only by a writing executed by all of the parties. The terms
290389vl SJS SH155-175
of this Easement bind and benefit the parties and ~heir respective personal
heirs, successors, assigns and all others who exercise any right by or through them
run in perpetuity with the Property. The City and County shall bear the
recording the Easement at the Office of the Hennepin County Recorder.
IN WITNESS WHEREOF, the parties to this Easement have caused
be executed as of the day and year stated above.
T. Hauer
STATE OF MINNESOTA
COUNTY OF
The foregoing this _ day of ,
2006, by Eugene and wife.
Notary Public
290389vl SJS SHl55-175
CITY OF SHAKOPEE
John Schmitt, Mayor
STATE OF MINNESOTA )
) SS.
COUNTY OF SCOTT )
The foregoing instrument was of ,
2006, by John Schmitt, Administrator, and City
Clerk of the City of on behalf of the City.
Notary Public
290389vl SJS SH155-175
COUNTY OF SCOTT
Its: Chair of the
Its:
ATTEST:
Its: County Administrator
Upon proper execution, this Conservation
Easement will be legally
Its:
)
) ss.
)
foregoing instrument was acknowledged before me this _ day of ,
2006, by , the of the County of Scott, a
Minnesota political subdivision, on behalf ofthe County.
Notary Public
290389vl SJS SHl55-175
EXHIBIT A
Legal Description of the Property
That part of the following described parcels of land in the Township of Sand Creek:
That part of Government Lot 1, and the East Half of the Southwest Quarter, all in Section 13,
Township 114, Range 23, Scott County, Minnesota. And that part of the Northeast Quarter of the
Northwest Quarter of Section 24, Township 114, Range 23, Scott County, Minnesota, lying
easterly of the centerline of Sand Creek Township Road No. 161 (as defined by document no.
265275) and lying southeasterly, southerly, westerly and southwesterly of the following
described line:
Commencing at the northeast comer of the Northeast Quarter of the Northwest Quarter of said
Section 24; thence South 00 degrees 54 minutes 25 seconds West, assumed bearing, along the
east line of said Northeast Quarter of the Northwest Quarter a distance of 1.87 feet to the point of
beginning of the line to be described; thence South 59 degrees 56 minutes 40 seconds West a
distance of 450.40 feet; thence along a tangential curve concave to the north, having a radius of
117.54 feet, a central angle of 46 degrees 05 minutes 16 seconds, an arc length of 94.55 feet;
thence North 73 degrees 58 minutes 05 seconds West, tangent to said curve a distance of 105.11
feet; thence along a tangential curve concave to the northeast, having a radius of 53.23 feet, a
central angle of 58 degrees 48 minutes 56 seconds, an arc length of 54.64 feet; thence North 15
degrees 09 minutes 09 seconds West, tangent to said curve a distance of 540.00 feet; thence
North 50 degrees 22 minutes 41 seconds West a distance of 434.93 feet; thence North 88 degrees
34 minutes 12 seconds West a distance of394.00 feet more or less to the centerline of said
Sand Creek Township Road No. 161 and there terminating.
And
That part of Government Lot 7, Section 14, Township 114, Range 23, Scott County. Minnesota,
lying easterly and southerly ofthe plat of KLEHR SECOND ADDrTrON and lying easterly of
the northerly extension ofthe east line of said plat.
And
That part of Government Lot 1, and the East Half of the Southwest Quarter, of Section 13,
Township 114, Range 23,. Scott County, Minnesota, lying northwesterly of the centerline of Sand
Creek Township Road No. 161 and its northerly extension, (as defined by Document No.
265275), and lying northwesterly of the westerly and northwesterly line of Lot 2, Block 1,
KLEHR FIRST ADDrTrON and its northeasterly extension.
290389vl SJS SHl55-175
EXHIBIT B
Permitted Encumbrances
290389vl SJS SH155-175
EXHIBIT C
Map Depicting Location of the Property and Conservation Easement
290389vI SJS SHl55-175
i -----------.-__
I
T.. I. NW COR OF THE NW 1/4 SEC 13 T 114 R 23
. FOUND SANDSTONE MONUMENT
o lb:!OO
1-..,--- I""""! I
I
>" II~.. . . . WEST UNE ,:; ]HE NW 1/4 SEe 13 T 114 R 23
, . I . ,....
~ ~. . .. 0
~ ~I ~
--, '!'"'/1:;; ....,
,f.';<> ~ ~ ./i
:f~' I 1~1.
" 1 ,i
SW COR OF THE NW 1/4 SEC 13 T 114 R 23
FOUND 3!4"IRON MONUMENT
----- S88'54'2~------------
21.82'
COUNTR
~ PROPOSED WETLAND CONSERVATION EASEMENT
AREA = 937.740 sq.ft. 21.53 acres
,,(,.r" \.0" 'I .{~
.' ,~. . LIMITS OF RESTORATION
,.,~. PEAK ELEVATION WITH 100 YEAR STORM
~' +-
. ~
I~ ~ e,i.,,- ,0'.' ,0' ' , /.":
JY ~
&" $
,:~~:.J
,.:>~
.':'~\
'-:'
... .......1 WSB Project No. 1281-90 Date 12/13/05
.- 701XenlaAve"eSoulll.SWle300 Wetland Restoration CITY Project No. RevlsedOate519106
IAISI t:I MInneapolis, MN 55416
rr. Q www....""g.oom Hauer Property Easement Exhibit Parcel 1
4& AssociCltes,/nc.
INFRASTRUCTURE tENGINEfRING ,~~::~:..;;;:: Scott County, Minnesota
~
"
EXHIBIT D
Legal Description of Conservation Easement Area
Commencing at the northwest corner of the Northwest Quarter of Section 13, Township 114,
Range 23, Scott County, Minnesota; thence South 00 degrees 42 minutes 31 seconds West,
assumed bearing along the west line of said Northwest Quarter, 2653.21 feet, to the southwest
corner of said Northwest Quarter; thence South 00 degrees 38 minutes 29 seconds West, 79.12
feet, thence North 88 degrees 54 minutes 25 seconds East, 56.37 feet, to the point of beginning;
thence South 00 degrees 48 minutes 45 seconds East, 250.77 feet; thence South 89 degrees 05
minutes 33 seconds West, 70.06 feet; thence South 17 degrees 16 minutes 55 seconds West,
1045.24 feet; thence South 00 degrees 26 minutes 22 seconds East, 331.48 feet; thence South 89
degrees 50 minutes 19 seconds East, 774.72 feet; thence North 16 degrees 57 minutes 20 seconds
East, 603.23 feet; thence North 00 degrees 00 minutes 00 seconds,East, 283.08 feet; thence
North 49 degrees 26 minutes 48 seconds West, 727.11 feet; thence North 00 degrees 25 minutes
58 seconds West, 251.16 feet; thence South 88 degrees 54 minutes 25 seconds West, 21.82 feet;
to the point of beginning.
290389vl SJS SH155-175
Page 1 ofl
Bruce Loney
From: Andrea Moffatt [AMoffatt@wsbeng.com]
Sent: Tuesday, May 30, 2006 11 :51 AM
To: Bruce Loney; Joe Swentek
Cc: Todd Hubmer; Terrance Jeffery
Subject: Hauer Site
Attachments: L TR-extenserv-053006.pdf
Bruce and Joe - Attached, please find an extension.agreement for the final design, construction management,
and wetland monitoring for the Hauer mitigation site for the City's review and execution.
Additionally, as requested, outlined below please find a listing of the costs for the mitigation site on a'peracre
basis so the City can compare the construction of the Hauer mitigation site to purchasing BWSR credits. The
Hauer site will provide roughly 20-22 acres of credit, dependent on final design. 20 acres was used for these
calculations to be conservative.
Proposed Cost of Hauer easement: $25,000/acre
Final design, construction mgt, wetland monitoring: $682/acre
Construction estimate: $8,750/acre
Maintenance: $1,250/acre
(It should be noted that the maintenance was based on $5,000 per year for 5 years - this cost would be
dependent on if anything needed to be done for maintenance purposes.)
TOTAL PER ACRE: $35.682
The BWSR cost to but credits is $35,420/acre.
Andi Moffatt
Environmental Scientist
WSB& Associates
701 Xenia Avenue - Suite 300
Mpls, MN 55416
Phone: (763)287-7196
Fax: (763)541-1700
Mobile: (612)360-1301
5/30/2006
.> >,,;:;....i;::
liWi
~i~~sf?qf!!t~til!#9.t
May 30, 2006
Mr. Bruce Loney, P.E.
Public Works Director/City Engineer
City of Shakopee
129 Holmes Street South
Shakopee, MN 55379-1376
Re: Extension Agreement to Provide Engineering Services for Hauer Mitigation Site
WSB Project No. 1281-90
Dear Mr. Loney:
WSB & Associates proposes to complete the following Scope of Services as it relates to
preparing the final construction plans and construction documents for the Hauer Mitigation Site.
The Hauer site will be used to mitigate impacts from Pike Lake Road and CSAH 21. The Scope
of Services proposed is provided below:
I. Project Management Cost Estimate: $900
This task includes meeting with City Staff and Council twice to review the construction plans.
This task also includes coordinating the activities ofWSB Staff and communicating progress
with the City and Mr. Hauer.
II. Preparation of Construction Plans and Specifications Cost Estimate: $4,200
This task includes preparation of final construction plans and specifications for the restoration of
the drained wetland on the Hauer site. We will prepare the necessary contract documents for the
bid process and assist the City staff in receiving the bids and providing a recommendation to
Council for award of the contract.
III. Construction Management Cost Estimate: $3,300
WSB & Associates will provide survey, observation, and construction management as necessary
for construction of the Hauer mitigation site.
IV. Wetland Monitoring CosfEstimate: $5,250
Per Minnesota Rules, the mitigation site will need to be monitored twice a year for five years.
This monitoring will include taking hydrology measurements at the site in two locations,
determining the vegetation present at one sample point, and generating a plant communities map
K: IOJ28J-90IAdminlJJocsILTR-extenserv-053006.doc
May 30, 2006
Page 20f2
for the entire mitigation site. Recommendations for maintenance will be developed, if needed.
Conducting maintenance, such as herbicide application or prescribed bums, is not included with
this task and would be discussed with the City prior to recommendation. An annual report will
be prepared at the end of each growing season and submitted to the Technical Evaluation Panel
(TEP) and US Corp of Engineers;
We propose to provide the above Scope of Services for a cost not to exceed $13,650. We will
start work on the final plans once authorization is received. The bidding process can be
completed based on the City's schedule.
Sincerely,
WSB & Associates, Inc.
Todd E. Hubmer, P.E.
Associate City Administrator
am
City Clerk
Mayor
Date
K: I01281-90IAdminlJ)ocsILTR-extensenHJ53006.doc
A.
WSS
& Associates .lnc.
Memorandum
To: Bruce Loney, City of Shakopee
From: Andrea Moffatt, WSB & Associates
Date: May 31,2006
Re: Hauer Mitigation Site
WSB Project No. 1281-90
Regarding the proposed purchase price for the easement on the Hauer property in Sand Creek
Township, we have reviewed the appraisal with other information regarding the cost for wetland
mitigation in the Metro area. The appraisal for the Hauer property was completed in February
2006. Based on that appraisal, the cost for the easement was estimated at $18,477/acre. Mr.
Hauer has requested $25,000/acre for the easement. This request is within the price range for
wetland credits in Scott County. Additionally, when this proposed easement cost is added to the
cost for construction, maintenance, and monitoring, the final cost is less than purchasing credits
from some private wetland banks and very similar to the cost to purchase wetland credits from
the Board of Water and Soil Resources (BWSR). Therefore, it is our analysis that the
$25,000/acre request from the property owner is reasonable. rfyou have questions, please feel
free to call me at (763)287-7196.
c. Todd Hubmer, WSB
Terry Jeffery, WSB
C:\Documents and Sellings\bloney\Local Sellings\Temporary Internet Files\OLKI08\MEMO - 053106-bl.doc