DEPARTMENT: Environmental Resources
FILE TYPE: Consent Action
TITLE
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Authorization To Revise Access Easement On McCoy Property Adjacent To Miesvile Ravine Park Reserve In Douglas Township
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RESOLUTION
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WHEREAS, by Resolution No. 07-549 (November 27, 2007), the County Board of Commissioners authorized acquisition of a permanent agricultural conservation easement (Agricultural Easement) from the Trust; and
WHEREAS, as part of the negotiated agreement, the Trust granted and conveyed a 16-foot wide, permanent access trailway easement (Access Easement) to the County on portions of the property within and outside of the Agricultural Easement area filed in the office of Dakota County Recorder as Document No. 2564115 on January 3, 2008; and
WHEREAS, this Access Easement was limited for use by County staff and their agents and maintenance vehicles for the purpose of natural resource management, construction, repair, and replacement within Miesville Ravine Park Reserve; and
WHEREAS, the Access Easement was not for use by the general public unless permission was granted by the Trust; and
WHEREAS, the Trust property was subsequently sold to Randall E. McCoy, who recently requested that the Access Easement be relocated to accommodate a planned parcel subdivision and sale of a portion of the property to Kimberly A. and Andrew C. Sandness and the planned construction of a new house outside of the Agricultural Easement; and
WHEREAS, County staff worked with Randall E. McCoy and Kimberly A. and Andrew C. Sandness to revise the terms and select a new location for the Access Easement.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby accepts a revised Access Easement that preserves the intent and purpose and new location of the existing access easement from Randall E. McCoy, subject to approval by the County Attorney’s Office as to form.
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