DEPARTMENT: Physical Development Administration
FILE TYPE: Consent Action
TITLE
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Authorization To Execute Amended And Restated Natural Area Conservation Easement On Estate Of Patrick McCarthy Property
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RESOLUTION
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WHEREAS, Patrick McCarthy (McCarthy) offered to donate a 29-acre natural area conservation easement (Easement), including 6.5-acre Hurley Lake, oak forest, grasslands, and 4.6 acres of agricultural fields to the County; and
WHEREAS, by Resolution No. 03-445 (September 22, 2003), the Dakota County Board of Commissioners approved acceptance of a donated 29-acre Easement on the McCarthy and Estate of James McCarthy property; and
WHEREAS, the Easement was recorded as Document No. 2161054 on January 7, 2004; and
WHEREAS, the Easement does not match the clarity and inclusiveness of the current County natural area conservation easement language and does not include any provisions about stewardship practices for agricultural use or natural resource management; and
WHEREAS, McCarthy died in April 2023, and a personal representative (Representative) was appointed to administer his estate, including the land encumbered by the Easement; and
WHEREAS, the Representative contacted County staff to update and amend the existing Easement to align with the County’s standard Easement language and facilitate natural resource management within the Easement area; and
WHEREAS, County staff desires to work with the Representative, including development of a Natural Resource Management Plan (NRMP) to determine future required restoration activities and estimated costs and a Stewardship Plan for the agricultural use areas.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorize the Chair to execute an amended and restated natural area conservation easement on the Estate of Patrick McCarthy property, approved as to form by the County Attorney’s Office.
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