DEPARTMENT: Parks
FILE TYPE: Consent Action
TITLE
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Authorization To Acquire Wicklund Trust Property In Waterford Township And Amend 2025 Parks Capital Improvement Program Budget
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RESOLUTION
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WHEREAS, the Jerry C. Wicklund and Audrey C. Wicklund Trust, under Agreement dated October 25, 2021, (Wicklund Trust) own 151 acres in Waterford Township; and
WHEREAS, the Wicklund Trust property is located within the Chub Creek Conservation Focus Area, identified in the 2020 Land Conservation Plan for Dakota County, and includes a portion of the future Chub Creek Greenway corridor identified in the 2008 Dakota County 2030 Park System Plan; and
WHEREAS, several State-listed rare plants have been identified on the Wicklund Trust property, and Jerry and Audrey Wicklund (Wicklund) have allowed County staff to harvest native seeds for use within the park system; and
WHEREAS, the Wicklunds planted many native trees and prairie species over their lifetime of ownership, in addition to investing extensive effort into controlling invasive species, such as buckthorn; and
WHEREAS, County staff began working with the Wicklunds in 2009 to permanently protect a portion of their property, and
WHEREAS, by Resolution No. 20-633 (December 14, 2020), the County Board of Commissioners approved the expenditure of up to $291,912 to acquire a 121.60-acre permanent natural area conservation easement (Easement) on the Wicklund property; and
WHEREAS, due to a reduction in landowner donation and a slight increase in the size of the Easement, the County Board of Commissioners rescinded Resolution No. 20-633 and by Resolution No. 21-185 (April 6, 2021), approved the expenditure of up to $339,412 to acquire a 122.43-acre Easement on the Wicklund property; and
WHEREAS, the Easement was acquired on May 14, 2021, using a combination of State Outdoor Heritage (OH) funds and County grant-match; and
WHEREAS, the Wicklunds transferred ownership of their property to the Jerry C. Wicklund and Audrey C. Wicklund Trust, under Agreement dated October 25, 2021, (Wicklund Trust); and
WHEREAS, the Easement area includes two countywide snowmobile trails and numerous mowed trails that can serve as future public hiking trails and function as natural resource management unit boundaries; and
WHEREAS, the Easement would allow a future paved Chub Creek Greenway trail but would require approval from the Lessard-Sams Outdoor Heritage Council (LSOHC), which is responsible for administering OH funds; and
WHEREAS, the County and the Wicklund Trust continue improving natural resource quality within the Easement area through implementation of a natural resource management agreement; and
WHEREAS, the Wicklunds and the Wicklund Trust have allowed special turkey hunting opportunities for military veterans and youth on their property for many years; and
WHEREAS, the Wicklund Trust began exploring future ownership options for their property in 2023 and now desire to sell fee title to the Easement area and additional land to the County for a new County Park Conservation Area; and
WHEREAS, the County completed, reviewed, and approved an appraisal for acquiring fee title to the Easement area and an additional 1.07 acres for access and a small parking area; and
WHEREAS, County staff contacted the LSOHC to determine if OH funds previously appropriated to the County would be eligible for fee title acquisition since most of the property is already protected by the Easement; and
WHEREAS, the LSOHC recently denied a request to use OH funds for property already protected by an easement and affirmed an existing policy in which expenditure of additional OH funds for land already protected by an easement would not be approved; and
WHEREAS, the Wicklund Trust is willing to sell fee title to 123.5 acres and a 6,250 square foot access easement for 31 percent less than the $617,000 appraised value, or $425,000; and
WHEREAS the Wicklund Trust has requested that the County consider amending Section 3.7 of Park Ordinance 107 to allow Spring youth and military veterans turkey hunting within their former property once acquired by the County; and
WHEREAS, the estimated closing costs are $3,500; and
WHEREAS, the Wicklund Trust property includes two, ten-year Conservation Reserve Program (CRP) contracts with the Commodity Credit Corporation of the U.S. Department of Agriculture; and
WHEREAS, the CRP contracts provides $15,876 annual payments to the landowner, and the County would be eligible to receive the remaining CRP payments totaling $63,305 for the years 2025 through 2028; and
WHEREAS, adequate funding for this fee title acquisition is available in the 2025 Parks Capital Improvement Program budget through the 2022 Minnesota Legislature OH County grant-match; and
WHEREAS, the final acquisition costs of the property will be determined after the settlement statement is finalized and all associated acquisition expenses have been invoiced.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the expenditure of up to $428,500 to acquire 123.5 acres and a 6,250 square foot access easement in Waterford Township from the Jerry C. Wicklund and Audrey L. Wicklund Trust, under an Agreement dated October 25, 2021, including $425,000 for fee title acquisition and $3,500 in estimated closing costs; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Division Director to execute a purchase agreement with the Jerry C. Wicklund and Audrey L. Wicklund Trust, under an Agreement dated October 25, 2021, to acquire fee title to 123.5 acres and a 6,250 square foot access easement, subject to approval by the County Attorney’s Office as to form; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby designates the property being acquired from the Jerry C. Wicklund and Audrey L. Wicklund Trust, under an Agreement dated October 25, 2021, as a new County Park Conservation Area; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby directs that the $15,876 annual Conservation Reserve Program payments for the Wicklund Trust property be added to the Parks Capital Improvement Program budget for the years 2025 through 2028; and
BE IT FURTHER RESOLVED, That the 2025 Parks Capital Improvement Program budget is hereby amended as follows:
Expense
Wicklund Trust Property Acquisition $63,305
Total Expense $63,305
Revenue
Conservation Reserve Program $63,305
Total Revenue $63,305
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BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby directs staff to submit a potential amendment to section 3.7 of Park Ordinance 107 for consideration that would allow for a limited number of permits to be issued to non-profit and other community organizations for hunting within identified County Park Conservation Areas.
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