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File #: DC-4631    Version: 1
Type: Consent Action Status: Agenda Ready
File created: 6/3/2025 In control: Board of Commissioners
On agenda: 7/8/2025 Final action:
Enactment date: Resolution #:
Title: Authorization To Amend Agricultural Easement On Gerald E. Taylor Revocable Living Trust And Mary E. Taylor Revocable Living Trust Property In Sciota Township
Sponsors: Physical Development Administration
Attachments: 1. Revised Legal Description of Easement on Taylor Trust Property, 2. General Depiction of Easement on Taylor Trust Property
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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DEPARTMENT: Physical Development Administration

FILE TYPE: Consent Action

 

TITLE

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Authorization To Amend Agricultural Easement On Gerald E. Taylor Revocable Living Trust And Mary E. Taylor Revocable Living Trust Property In Sciota Township

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PURPOSE/ACTION REQUESTED

Authorize a boundary amendment to the permanent agricultural conservation easement boundary on the Gerald E. Taylor Revocable Living Trust and Mary E. Taylor Revocable Living Trust property in Sciota Township.

 

SUMMARY

The Gerald E. Taylor Revocable Living Trust and Mary E. Taylor Revocable Living Trust (Taylor Trust) own 78.94 acres (Parcel Identification Number 35-02200-04-011) in Sciota Township. In 2009 the trustees of the Taylor Trust submitted an agricultural easement (Easement) application to Dakota County’s 2010 Farmland and Natural Area Program. By Resolution No.10-130 (February 23, 2010), the Dakota County Board of Commissioners (County Board) authorized staff to submit a funding application, including the Taylor Trust property, to the 2010 federal Farm and Ranch Lands Protection Program (FRPP). Contingent offers were made to six highest ranked projects and the Farmland and Natural Areas Program Advisory Committee reviewed final easement projects at its May 19 and June 16, 2010, meetings and recommended that the County Board approve funding for six agricultural easements. The FRPP subsequently approved federal matching funds for the six easements, including the Taylor Trust property. By Resolution No. 11-319 (June 28, 2011), the County Board approved acquisition of a 53.8-acre Easement on the Taylor Trust property. The Easement was acquired on December 1, 2011, and recorded as Document No. 2837130 on December 16, 2011.

 

In April 2025, the Taylor Trust contacted County staff to request minor changes to the Easement boundary in preparation for a proposed future parcel subdivision. The requested change would add a portion of a spring-fed creek and approximately 0.4 acres of cultivated land to the Easement area while subtracting an equivalent amount of former pasture. The proposed boundary change would be located three feet outside of the existing fence line along the eastern portion of the Easement exception area to create a more easily distinguishable boundary. There would be no net change to the Easement acres. Section 4.4 of the Easement allows Easement boundary adjustments with written approval by the County. The revised legal description (Attachment: Revised Legal Description of Easement on Taylor Trust Property) and general depiction of the revised Easement boundary (Attachment: Revised General Depiction of Easement on Taylor Trust Property) on the Taylor Trust property are attached.

 

 

RECOMMENDATION

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Staff recommends authorizing an amendment to the Easement boundary.

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EXPLANATION OF FISCAL/FTE IMPACTS

  None              Current budget              Other        

  Amendment Requested                           New FTE(s) requested

 

RESOLUTION

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WHEREAS, the Gerald E. Taylor Revocable Living Trust and Mary E. Taylor Revocable Living Trust (Taylor Trust) own 78.94 acres (Parcel Identification Number 35-02200-04-011) in Sciota Township; and

 

WHEREAS, in 2009, the trustees of the Taylor Trust submitted an agricultural easement (Easement) application to Dakota County’s 2010 Farmland and Natural Area Program; and

 

WHEREAS, by Resolution No. 10-130 (February 23, 2010), the Dakota County Board of Commissioners (County Board) authorized staff to submit a funding application, including the Taylor Trust property, to the 2010 federal Farm and Ranch Lands Protection Program (FRPP); and

 

WHEREAS, the FRPP subsequently approved matching funds for the six agricultural easements, including the Easement on the Taylor Trust property; and

 

WHEREAS, by Resolution No. 11-319 (June 28, 2011), the County Board approved the acquisition of a 53.4-acre Easement on the Taylor Trust property; and

 

WHEREAS, by Resolution No. 11-319 (June 28, 2011), the County Board approved the acquisition of the six agricultural easements, including a 54.3-acre Easement on the Taylor Trust property; and

 

WHEREAS, the Easement on the Taylor Trust property was acquired on December 1, 2011, and recorded as Document No. 2837130 on December 16, 2011; and

 

WHEREAS, in April 2025, the Taylor Trust contacted County staff to request minor changes to the Easement boundary in preparation for a proposed future parcel subdivision; and

 

WHEREAS, the requested boundary change would add a portion of a spring-fed creek and approximately 0.4 acres of cultivated land to the Easement area while subtracting an equivalent amount of former pasture; and

 

WHEREAS, the proposed boundary change would be located three feet outside of the existing fence line along the eastern portion of the Easement exception area to create a more easily distinguishable boundary and result in no net change to the Easement acres; and

 

WHEREAS, the revised legal description of the Easement is as A permanent agricultural conservation easement over and across the following described property:

 

The East Half of the Northeast Quarter of Section 22, Township 112 North, Range 19 West, Dakota County, Minnesota, EXCEPT the east 157.00 feet of the north 281.00 feet of said East Half of the Northeast Quarter and also EXCEPTING that part of said East Half of the Northeast Quarter described as follows:

 

Commencing at the northeast corner said East Half of the Northeast Quarter of Section 22, thence South 89 degrees 26 minutes 44 seconds West, assumed bearing, along the north line of said East Half of the Northeast Quarter a distance of 1325.50 feet to the northwest corner of said East Half of the Northeast Quarter; thence South 00 degrees 01 minutes 37 seconds West along the west line of said East Half of the Northeast Quarter a distance of 509.66 to the point of beginning of the parcel to be described; thence continuing South 00 degrees 01 minutes 37 seconds West along said west line of the East Half of the Northeast Quarter a distance of 949.13 feet; thence North 89 degrees 26 minutes 44 seconds East a distance of 791.36 feet; thence North 00 degrees 40 minutes 20 seconds East a distance of 895.94 feet; thence North 50 degrees 31 minutes 40 seconds West a distance of 303.76 feet; thence North 69 degrees 53 minutes 08 seconds West a distance of 80.60 feet; thence North 01 degrees 33 minutes 32 seconds West a distance of 313.55 feet to the traveled centerline of Sciota Trail (said centerline is described below); thence southwesterly a distance of 692.44 feet along said centerline to the point of beginning.

 

And also EXCEPTING from the permanent agricultural conservation easement the following described parcels:

 

The east 55.00 feet of said East Half of the Northeast Quarter of Section 22 for public road purposes.

 

AND

 

That part of said East Half of the Northeast Quarter of Section 22 lying within 33.00 feet northerly and 50.00 feet southerly of the traveled centerline of Sciota Trail for public road purposes, said centerline of Sciota Trail is described as follows: Beginning at the northeast corner of said East Half of the Northeast Quarter of Section 22, thence South 89 degrees 26 minutes 44 seconds West, assumed bearing, along the north line of said East Half of the Northeast Quarter a distance of 339.23 feet; thence South 88 degrees 26 minutes 20 seconds West a distance of 401.27 feet; thence southwesterly a distance of 269.23 feet along a tangential curve concave to the southeast having a radius of 325.00 feet and a central angle of 47 degrees 27 minutes 51 seconds; thence South 40 degrees 58 minutes 28 seconds West tangent to said curve a distance of 431.19 feet; thence southwesterly a distance of 292.99 feet along a tangential curve concave to the northwest having a radius of 1400.00 feet and a central angle of 11 degrees 59 minutes 26 seconds and said centerline there terminating

; and

 

WHEREAS, Section 4.4 of the Easement allows easement boundary adjustments with written approval by the County.

 

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes an amendment to the boundary of the permanent agricultural conservation easement on the Gerald E. Taylor Revocable Living Trust and Mary E. Taylor Revocable Living Trust property, subject to approval by the County Attorney’s Office as to form.

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PREVIOUS BOARD ACTION

10-130 2/23/10

11-319; 6/28/11

 

ATTACHMENTS

Attachment: Revised Legal Description of Easement on the Taylor Trust Property

Attachment: Revised General Depiction of the Easement on the Taylor Trust Property

 

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: Erin Stwora

Author: Al Singer