DEPARTMENT: Parks
FILE TYPE: Consent Action
TITLE
title
Authorization To Acquire And Restore Conservation Easement On Coughlin Property
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PURPOSE/ACTION REQUESTED
Authorize expenditure of up to $91,500 to acquire a 39.99-acre permanent natural area conservation easement (Easement) on the Caroline Bender Coughlin and Janson Coughlin (Coughlin) property; authorize the expenditure of up to $263,200 for restoration of the Easement; authorize the Assistant County Manager - Physical Development to sign a purchase agreement (PA); authorize the County Board Chair to execute the Easement and a Notice of Funding Restriction (NOFR).
SUMMARY
The Coughlin property (Property) is in Greenvale Township, within the Dutch Creek Conservation Focus Area. The Property is bordered on the north and west by rural residential parcels along Jamaica Avenue, on the east by agricultural land and wetlands within an existing County-held permanent agricultural conservation easement, and on the south by agricultural land. The Property consists of about 53 acres of wetlands, woods, and grasslands that straddle a south tributary to Dutch Creek. The southern eight acres is former cropland, of which the Coughlin’s have prepared about 0.67 acres to grow a variety of flowers. The legal description (Attachment: Legal Description), general depiction (Attachment: General Depiction) and location (Attachment: Easement Location) of the Easement are attached.
An independent appraisal was completed, reviewed, and approved by County staff. The Coughlins have agreed to sell the Easement for $90,000 and are willing to contribute the required match of approximately $11,800 for initial restoration costs estimated to be $275,000 over five years. The landowner contribution is based on a cost share table of varying percentages for various habitat types on the Property.
One hundred percent State Outdoor Heritage (OH) funding approved by the Minnesota Legislature in Minnesota Law 2022 (ML22) for acquisition and restoration is available for this project. A NOFR must be signed by the County Board Chair, requiring any future sale of the Easement be approved by the Lessard-Sams Outdoor Heritage Council or its successor.
The financial summary of the project is as follows:
|
Project 2000293 |
Acquisition Cost |
Closing Costs |
Total Cost |
Landowner Donation/ Contribution |
OH Funding |
County Cost |
|
Easement |
$90,000 |
$1,500 |
|
$0 |
$91,500 |
$0 |
|
Restoration |
|
|
$275,000 |
$11,800 |
$263,200 |
$0 |
RECOMMENDATION
recommendation
Staff recommends approval of the expenditure of up to $91,500 to acquire the Easement on the Property; authorization for the PDD to execute the PA; authorization for the County Board Chair to execute the Easement and NOFR; authorization to expend up to $263,200 for restoration; and amending the 2026 Parks CIP.
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EXPLANATION OF FISCAL/FTE IMPACTS
The Parks and Greenways Capital Improvement Program includes $354,700 for 2000293 Coughlin. There is sufficient project budget available to fund the acquisition and restoration of the Coughlin Easement.
2000293 Coughlin
|
Funding Source |
Total Approved Budget |
Available Budget |
|
101598 ML22 OH |
$354,700 |
$346,655 |
|
Total |
$354,700 |
$346,655 |
☐ None ☒ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
body
WHEREAS, Caroline Bender Coughlin and Jason Coughlin (Coughlins) own a 39.99-acre rural property (Property) in Greenvale Township; and
WHEREAS, the Property is located within the Dutch Creek Conservation Focus Area and adjacent to another permanent conservation easement; and
WHEREAS, the Property consists of a large wetland complex that straddles a tributary to Dutch Creek and some previously farmed land adjacent to more of the wetlands to the east; and
WHEREAS, an independent appraisal was completed, reviewed, and approved by County staff; and
WHEREAS, the Coughlins agreed to sell a 39.99-acre, permanent natural area conservation easement (Easement) to the County for the appraised value of $90,000; and
WHEREAS, the estimated closing costs to acquire the Easement are $1,500; and
WHEREAS, initial natural resource restoration within the Easement is estimated to cost $275,000 over five years, with the Coughlins contributing an estimated $11,800 (cash or in-kind); and
WHEREAS, acquisition and restoration of the Easement are eligible for state Outdoor Heritage (OH) funding appropriated to the County by the Minnesota Legislature in 2022 (ML22); and
WHEREAS, the 2026 Parks and Greenways Capital Improvement Program budget includes adequate ML22 OH funds for this Easement and restoration project; and
WHEREAS, the final Easement acquisition costs 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 $354,700, including $90,000 for acquisition, $1,500 in estimated closing costs, and $263,200 for estimated restoration costs; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Assistant County Manager- Physical Development to execute the purchase agreement with the Coughlins to acquire a natural area conservation 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 authorizes the County Board Chair to execute the natural area conservation easement and a Notice of Funding Restriction as required for use of state Minnesota Law 2022 Outdoor Heritage funds appropriated to the County by the 2022 Minnesota Legislature for acquiring the natural area conservation easement on the Caroline Bender Coughlin and Jason Coughlin property, subject to approval by the County Attorney’s Office as to form; and
BE IT FURTHER RESOLVED, That following the acquisition of the natural area conservation easement on the Caroline Bender Coughlin and Jason Coughlin property, staff will submit the necessary forms and documentation to the State of Minnesota to receive approximately $354,700 in reimbursement funds over five years; and
BE IT FURTHER RESOLVED, That such reimbursement from the State of Minnesota will be returned to the 2026 Parks and Greenways Capital Improvement Program budget.
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PREVIOUS BOARD ACTION
None
ATTACHMENTS
Attachment: Legal Description
Attachment: General Depiction
Attachment: Easement Location
BOARD GOALS
☐ Thriving People ☒ A Healthy Environment with Quality Natural Resources
☐ A Successful Place for Business and Jobs ☐ Excellence in Public Service
CONTACT
Department Head: Niki Geisler
Author: Lisa West