DEPARTMENT: Environmental Resources
FILE TYPE: Consent Action
TITLE
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Acquisition Of Easements On Wolfson Property And Authorization To Amend 2022 Environmental Resources Capital Improvement Program Budget
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RESOLUTION
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WHEREAS, the Wolfson family, through Wolfson Commercial Properties LLC (Wolfson), owns 9.91 acres in the City of Rosemount (City), including high-quality forest and wetlands; and
WHEREAS, the 2001 Farmland and Natural Area Protection Plan identified the Wolfson property as one of the top ten sites to protect in the County; and
WHEREAS, the Wolfson property is located within the Lebanon Hills Conservation Focus Area identified as a priority area within the 2020 Land Conservation Plan for Dakota County; and
WHEREAS the Vermillion Highlands Greenway Master Plan identifies a segment of the Vermillion Highlands Greenway for development within the Wolfson property; and
WHEREAS in 2021, the County and the City renewed discussion with the Wolfson’s about acquisition options in association with planned residential development of adjacent property; and
WHEREAS the proposed land protection project included the County acquiring an 8.32-acre natural area conservation easement (NA Easement) and a 1.59-acre Vermillion Highlands Regional Greenway Easement (Corridor Easement), with the City acquiring fee title and managing the entire property as a new City park; and
WHEREAS, County staff completed and approved an appraisal of the Wolfson property in July 2022; and
WHEREAS, during subsequent negotiations, the County, City, and Wolfson’s agreed to a sale price approximately 6.5 percent greater than the appraised total value or $337,000, including $254,700 for the NA Easement and $48,100 for the Corridor Easement; and
WHEREAS, the estimated closing costs are $2,200; and
WHEREAS, the Rosemount City Council has previously approved acquisition of the adjacent McMenomy property and expressed similar support to acquire the Wolfson property; and
WHEREAS, acquisition of the NA Easement and restoration is eligible for state Outdoor Heritage (OH) funding appropriated to the County by the Minnesota Legislature in 2022 (ML22); and
WHEREAS, the 2022 Environmental Resources (ER) Capital Improvement Program (CIP) budget includes adequate funding from ML22 OH funds and County grant-match funds for acquiring the NA Easement; and
WHEREAS, the 2022 Parks CIP included adequate funding for acquiring the Corridor Easement: and
WHEREAS, expenditure of OH funds by the County for a NA Easement on the Wolfson property requires the County Board Chair to sign and the County to record a Notice of Funding Restriction (NOFR); and
WHEREAS, the Physical Development Director (PDD) is required to sign purchase agreements (PA) to acquire the NA Easement and Corridor Easement on the Wolfson property; and
WHEREAS, the final acquisition costs of the two easements on the Wolfson property will be determined after the settlement statements are 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 $331,000, including $254,700 to acquire the 8.32-acre natural area conservation (NA) easement, $48,100 to acquire the 1.59-acre Corridor Easement on the Wolfson property, an estimated $2,200 in closing costs, and an estimated $26,000 for restoration costs; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to execute two purchase agreements with Wolfson’s to acquire the NA and Corridor easements, subject to approval by the County Attorney’s Office (CAO) as to form; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Board Chair to execute a Notice of Funding Restriction (NOFR) as required for use of ML22 OH funds for acquiring the NA Easement on the Wolfson property, subject to approval by the CAO as to form; and
BE IT FURTHER RESOLVED, That the 2022 Environmental Resources Capital Improvement Program (CIP) budget is hereby amended as follows:
Expense
Acquisition of the NA Easement on the Wolfson property (LC10075) $256,550
Restoration of the NA Easement (LC30058) $ 26,000
ML 22 OH (LC00010) ($282,550)
Total Expense $0
Revenue - Easement
Acquisition NA Easement - ML 22 OH Grant funding (LC10075) $192,450
Acquisition NA Easement - ML 22 County Grant Match (LC10075) $ 64,100
ML 22 OH Grant funding(LC00010) ($192,450)
ML 22 OH County Grant Match (LC00010) ($ 64,100)
Total Revenue $0
Revenue - Restoration
Restoration Wolfson property ML 22 OH Grant funding (LC30058) $26,000
ML 22 OH Grant Funding (LC00010) ($19,500)
ML 22 OH County Grant Match ($ 6,500)
Total Revenue $0
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BE IT FURTHER RESOLVED, That following acquisition of the NA Easement on the Wolfson property, staff will submit the necessary forms and documentation to the State of Minnesota (State) to receive approximately $211,950 in reimbursement funds; and
BE IT FURTHER RESOLVED, That such reimbursement from the State will be returned to the 2022 ER CIP.
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