Legislation Details

File #: DC-4336    Version: 1
Type: Consent Action Status: Passed
File created: 2/25/2025 In control: Board of Commissioners
On agenda: 3/25/2025 Final action: 3/25/2025
Enactment date: 3/25/2025 Resolution #: 25-155
Title: Authorization To Subdivide Agricultural Conservation Easement On Sunset Sanctuary, Inc. Property
Sponsors: Physical Development Administration
Attachments: 1. Legal Descriptions of Subdivided Easement, 2. General Depiction of Subdivided Easement

DEPARTMENT: Physical Development Administration

FILE TYPE: Consent Action

 

TITLE

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Authorization To Subdivide Agricultural Conservation Easement On Sunset Sanctuary, Inc. Property

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PURPOSE/ACTION REQUESTED

Authorize County Board approval to allow subdivision of an agricultural conservation easement (Easement) on the Sunset Sanctuary, Inc. (Sanctuary) property in Castle Rock Township (Township) to allow separate property ownership.

 

SUMMARY

By Resolution No.12-102 (February 28, 2012), the County Board authorized the expenditure of up to $1,832,957 to acquire seven Easements, including a 104-acre Easement on the Richard Ozment and Marilyn Seehusen (Ozment/Seehusen) property. By Resolution No.12-206 (April 24, 2012), the County Board authorized the expenditure of an additional $200,708 to acquire an eighth Easement. However, a change in federal appraisal requirements created delays, resulting in the need for new appraisals and additional funding for the increased easement values. The County received additional federal funding, and by Resolution No 13-195 (April 23, 2013), the County Board authorized the expenditure of $2,142,150 to acquire the eight permanent agricultural conservation easements, including up to $229,500 ($11,750 of federal funds and $81,325 of County funds) to acquire an easement on the Ozment/Seehusen property. The Easement was acquired on November 8, 2013, and recorded on November 18, 2013, as Document No. 2985979.

 

In 2021, Ozment/Seehusen sold the property to Thomas Simonson and a partner to develop Sunset Sanctuary (Sanctuary). The Sanctuary was founded in 2021 with a mission to encourage conservation while paying tribute to loved ones by returning them to nature. Individuals can purchase a tree sponsorship, which includes the purchase of one native tree, scattering ashes of up to five people or pets, and an online memorial page. The Township approved the proposed change in land use without changing zoning; the County Attorney’s Office advised that the newly proposed use would be allowed within the Easement area. Over time, the number of tree sponsorships has grown. In addition, there are now pet memorial gardens and Dignity Memorial Garden sponsorships created as part of an overall plan to restore portions of former cultivated land with native grasses and wildflowers.

 

In 2024, an individual “new” farmer interested in growing food and specialty crops approached the Sanctuary about a partial sale of its property where restoration had not yet occurred. The Sanctuary and Jamie Lynn Johnson negotiated a potential sale of 29.4 acres, including 24.3 acres within the Easement area, contingent on Township approval of the property subdivision and County Board approval of the Easement subdivision. The Township approved the proposed property subdivision at its January 14, 2025, meeting. The legal descriptions (Attachment: Legal Descriptions of the Subdivided Easement) and general depiction (Attachment: General Depiction of the Subdivided Easement) are attached.

 

Section 4.4 of the Easement allows subdivision with written approval of the County. Staff from the federal Natural Resource Conservation Service (NRCS), which provided funding for the acquisition of the Easement, confirmed that the County does not require their approval to allow the Easement to be subdivided. Since the proposed ownership division and future use more closely align with the original intent of the Easement, County staff does not object to this subdivision request.

 

RECOMMENDATION

recommendation

Staff recommends County Board approval of the proposed ownership subdivision of the Easement on the Sanctuary property.

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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, by Resolution No.12-102 (February 28, 2012), the County Board authorized the expenditure of up to $1,832,957 to acquire seven agricultural conservation easements (Easement), including a 104-acre Easement on the Richard Ozment and Marilyn Seehusen (Ozment/Seehusen) property in Castle Rock Township (Township); and

 

WHEREAS, by Resolution No.12-206 (April 12, 2012), the County Board authorized the expenditure of an additional $200,708 to acquire an eighth Easement; and

 

WHEREAS, a change in federal appraisal requirements created delays, resulting in the need for new appraisals and additional funding for the increased easement values; and

 

WHEREAS, the County received additional federal funding, and by Resolution No. 13-195 (April 23, 2013), the County Board authorized the expenditure of up to $2,142,150 to acquire eight Easements, including up to $229,500 ($114,750 of federal funds and $81,325 of County funds) for an Easement on the Ozment/Seehusen property; and

 

WHEREAS, the Easement on the Ozment/Seehusen property; was acquired on November 8, 2013, and recorded on November 13, 2013, as Document No. 2985979; and

 

WHEREAS, in 2021, Ozment/Seehusen sold the property to Thomas Simonson and a partner to develop Sunset Sanctuary, Inc. (Sanctuary); and

 

WHEREAS, the Sanctuary was founded in 2021 with a mission to encourage conservation while paying tribute to loved ones by returning them to nature; and

 

WHEREAS, the Township approved the proposed change in land use on the Sanctuary property without changing zoning upon which the County Attorney’s Office advised that the proposed use would be allowed by the Easement; and

 

WHEREAS, portions of former cultivated land within the Easement have now been restored with the use of native grasses and wildflowers; and

 

WHEREAS, an individual “beginning farmer” interested in growing food and specialty crops approached the Sanctuary in 2024 about a partial sale of its property where restoration had not yet occurred; and

 

WHEREAS, the Sanctuary and Jamie Lynn Johnson negotiated a potential sale of 29.4 acres, including 24.3 acres within the Easement area, contingent on Township approval of the property subdivision and County Board approval of Easement subdivision; and

 

WHEREAS, the Castle Rock Township Board approved the Sanctuary property subdivision at its January 14, 2025, meeting; and

 

WHEREAS, Section 4.4 of the Easement allows subdivision with written approval of the County; and

 

WHEREAS, staff from the federal Natural Resource Conservation Service which provided funding for the acquisition of the Easement, confirmed that the County does not require their approval to allow the Easement to be subdivided.

 

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves subdivision of the permanent agriculture conservation easement on the Sunset Sanctuary, Inc. property in Castle Rock Township, whereby Sunset Sanctuary, Inc. will retain ownership of 73.3 acres within the Easement, identified as Tract ID No. 357.1; and Jamie Lynn Johnson will own 24.3 acres within the Easement, identified as Tract ID No. 357.2.

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PREVIOUS BOARD ACTION

12-102; 02/28/12

12-206; 04/24/12

13-195; 04/23/13

 

ATTACHMENTS

Attachment: Legal Descriptions of the Subdivided Easement

Attachment: General Depiction of the Subdivided Easement

 

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