DEPARTMENT: Physical Development Administration
FILE TYPE: Consent Action
TITLE
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Authorization To Amend And Restate Agricultural Conservation Easement On Former Delores Gergen Property In Hampton Township
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RESOLUTION
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WHEREAS, by Resolution No. 09-354 (July 21, 2009), the County Board directed staff to begin appraisals and negotiations to acquire permanent agricultural conservation easements on ten properties, including the 212.5-acre Delores Gergen property in Hampton Township; and
WHEREAS, by Resolution No. 10-352 (June 22, 2010), the County Board approved the expenditure of $522,000 ($290,000 of federal Farmland and Ranchland Protection Program funds and $232,000 of County funds) to acquire a permanent 199.3-acre agricultural conservation easement (Easement) on the Delores Gergen property; and
WHEREAS, the Easement was acquired on January 13, 2011, and recorded on January 21, 2011, as Document No. 2780756; and
WHEREAS, the Stewardship Plan required by the Easement required 66 acres of cropland along Pine Creek be seeded with native species; and
WHEREAS, in June 2023, Ms. Gergen passed away, and her family sold the property to Paul Jr. and Lori Gergen, with their intention of then selling the property to their two sons and their spouses; and
WHEREAS, Paul Jr. and Lori Gergen have requested that the County consider allowing the subdivision of the property and the Easement, with Jason and Ashley Gergen owning the northern portion of the property (Property Identification Numbers 17-03400-02-010, 17-03400-01-010 and 17-02700-75-010) and Thomas and Jennifer Gergen owning the southern portion of the property (Property Identification Number 17-03400-76 -010); and
WHEREAS, areas of the southern portion of the property not included in the Easement would be further subdivided into four separate building sites for use of eligible building rights not acquired by the County through the Easement; and
WHEREAS, the Hampton Township Board approved the Paul Jr. and Lori Gergen property subdivision at its January 22, 2024, meeting; and
WHEREAS, Section 4.5 of the Easement allows subdivision of the Easement with written approval of the County; and
WHEREAS, 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 NRCS approval to allow the Easement to be subdivided; and
WHEREAS, the proposed property and Easement division is based on existing tax parcels and does not change the intent and requirements of the existing Easement; and
WHEREAS, Jason and Ashley Gergen have also expressed interest in converting additional cropland to wetland and upland habitat on the portion of the property they plan to acquire; and
WHEREAS, the existing Easement would be amended and restated with language aligning more closely with the most recent agricultural easements acquired by the County and reflecting the proposed division of ownership; and
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Board Chair to execute the amended and restated agricultural conservation easement on the former Delores Gergen property in Hampton Township to include separate ownership by Jason and Ashley Gergen (Property Identification Numbers 17-03400-02-010, 17-03400-01-010 and 17-02700-75-010) and Thomas and Jennifer Gergen (Property Identification Number 17-03400-76 -010) of property within the easement area and updated language while maintaining its original conservation intent, subject to approval by the County Attorney’s Office as to form.
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