DEPARTMENT: Parks
FILE TYPE: Consent Action
TITLE
title
Authorization To Acquire And Restore Conservation Easements And Acquire Donated Land On John B. Dudley Revocable Trust Property
end
PURPOSE/ACTION REQUESTED
Authorize expenditure of up to $611,200 to acquire and restore a 16.96-acre permanent natural area conservation easement (East Easement) and a 17.97-acre permanent natural area conservation easement (West Easement), and to accept donation of 3.12 acres of land owned by the John B. Dudley Revocable Trust (Dudley Family); authorize the Parks Department Director to sign purchase agreements (PAs); and authorize the County Board Chair to execute the Easements and two Notice of Funding Restrictions (NOFR).
SUMMARY
The Dudley Family owns 341.65 acres of rural property in Waterford Township within the Cannon River Conservation Focus Area. A portion of the property straddles the Cannon River on the east side of the Canada Avenue bridge (West Easement), and a portion is located further east on the south side of 320th Street West (East Easement). The legal descriptions (Attachment: Legal Descriptions), general depictions (Attachment: General Depictions), and locations (Attachment: Easements and Land Locations) of the Easements and land donation area are attached.
The 16.96-acre West Easement is located on a 20.80-acre parcel. The West Easement is included in the Cannon River Preservation and Access project being partially funded through an Environment and Natural Resources Trust Fund (ENRTF) grant from the Legislative-Citizen Commission on Minnesota Resources. The Dudley Family also proposes to donate 3.12 acres of the land to the County for the location of a river access and a trailhead for the Mill Towns State Trail. This small area also includes the historic Waterford Bridge structure owned by Waterford Township.
The East Easement is 17.97 acres of forest, bordered by farmland owned by the Dudley Family. This Easement is an initial area the Dudley Family would like to preserve as part of a much larger area they would like to permanently protect in phases through the County’s Land Conservation Program that could eventually total around 310 acres.
An independent appraisal was completed, reviewed, and approved by County staff and by a review appraiser. The Dudley Family agreed to sell the Easements for $416,400 and to donate 3.12 acres of land valued at $31,500. The East Easement is significantly more expensive than the West Easement, because three building rights are being extinguished by the Easement. The estimated cost of restoration for the 16.96-acre West Easement ($159,140) is included in the ENRTF grant. The estimated cost of restoration for the East Easement is $189,300 over five years. The donation of land is being accepted in lieu of a landowner contribution toward East Easement restoration costs.
One hundred percent Outdoor Heritage (OH) funding approved by the Minnesota Legislature in Minnesota Law 2022 (ML22) is available for the easement acquisitions and East Easement restoration. A NOFR for each easement must be signed by the County Board Chair, requiring any future sale of the easements be approved by the Lessard-Sams Outdoor Heritage Council or its successor.
RECOMMENDATION
recommendation
Staff recommends approval of the expenditure of up to $611,200 to acquire and restore the Easements on the Dudley Family property and to accept the donation of 3.12 acres of land; authorization for the Parks Department Director to execute the purchase agreements; and authorization for the County Board Chair to execute the Easements and two NOFR.
end
EXPLANATION OF FISCAL/FTE IMPACTS
The financial summary of the projects is as follows:
|
Project |
Acquisition/ Restoration Cost |
Closing Costs |
Total Cost |
Landowner Donation |
OH Funding |
County Cost |
|
West Easement Acquisition |
$105,900 |
$1,500 |
$107,400 |
$0 |
$107,400 |
$0 |
|
East Easement Acquisition |
$310,500 |
$2,500 |
$313,000 |
$0 |
$313,000 |
$0 |
|
Donated Land |
$0 |
$1,500 |
$1,500 |
$31,500 |
$0 |
$1,500 |
|
East Easement Restoration |
$0 |
$0 |
$189,300 |
$0 |
$189,300 |
$0 |
|
Total Costs |
$416,400 |
$5,500 |
$611,200 |
$31,500 |
$609,700 |
$1,500 |
The Parks and Greenways Capital Improvement Program includes $610,700 for 2000512 Dudley Trust NA (natural area) Easement. There is sufficient project budget available to fund the acquisition and restoration of the Dudley Family Easements.
2000512 Dudley Trust NA Easement
|
Funding Source |
Total Approved Budget |
Available Budget |
|
Outdoor Heritage Fund (OHF ML22) |
$609,700 |
$609,700 |
|
Allocated - ELF |
$1,500 |
$1,500 |
|
Total |
$611,200 |
$611,200 |
☐ None ☒ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
body
WHEREAS, the John B. Dudley Revocable Trust (Dudley Family) owns 341.65 acres of rural property (Property) in Waterford Township; and
WHEREAS, the Property is located within the Cannon River Conservation Focus Area and a portion straddles the Cannon River adjacent to the historic Waterford Bridge; and
WHEREAS, the Property includes three acquisitions: 1) a 16.96-acre permanent natural area conservation easement straddling the Cannon River (West Easement); 2) a 17.97-acre wooded permanent natural area conservation easement (East Easement); and 3) a 3.12-acre land donation also straddling the Cannon River; and
WHEREAS, an independent appraisal was completed, reviewed, and approved by County staff; and
WHEREAS, the Dudley Family agreed to sell the West Easement and East Easement (29.93 acres total) to the County for the appraised value of $416,400, and donate 3.12 acres of land valued at $31,500; and
WHEREAS, the estimated closing costs to acquire the Easements and land are $5,500; and
WHEREAS, initial natural resource restoration within the West Easement is included in an Environment and Natural Resources Trust Fund grant, and initial natural resource restoration for the East Easement is estimated to cost $198,300 over five years, with the Dudley Family donating land in lieu of contributing to restoration costs; and
WHEREAS, acquisition of the West Easement and acquisition and restoration of the East Easement are eligible for state Outdoor Heritage (OH) funding appropriated to the County by the Minnesota Legislature in Minnesota Law 2022 (ML22); and
WHEREAS, the 2026 Parks and Greenways Capital Improvement Program budget includes adequate ML22 OH funds for the Easements and East Easement restoration projects; and
WHEREAS, the final 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 $611,200, including $416,400 for acquisitions, $5,500 in estimated closing costs, and $189,300 for estimated East Easement restoration costs; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Parks Department Director to execute the purchase agreements with the John B. Dudley Revocable Trust to acquire two natural area conservation easements and accept donation of land, 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 easements and a Notice of Funding Restrictions for each easement 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 easements on the John B. Dudley Revocable Trust 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 easements on the John B. Dudley Revocable Trust property, staff will submit the necessary forms and documentation to the State of Minnesota to receive approximately $609,700 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.
end
PREVIOUS BOARD ACTION
None.
ATTACHMENTS
Attachment: Legal Descriptions
Attachment: General Depictions
Attachment: Easements and Land Locations
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