4.5. SR 08-04-2014 City of
Elk Request for Action
River
To Item Number
Mayor and City Council 4.5
Agenda Section Meeting Date Prepared by
Consent August 4, 2014 Cal Portner, City Administrator
Item Description Reviewed by
Lessard-Sams Outdoor Heritage Council Letter of
Intent for Acquisition of Houlton Farm Reviewed by
Action Requested
Approve,by motion,a letter indicating the City of Elk River intent to acquire the Houlton farm property
for the purpose of a natural habitat and hunting area.
Background/Discussion
The City of Elk River Parks and Recreation Commission has identified and recommended the city acquire
the Houlton farm property for public use.
The city has been made aware of an opportunity to acquire the property through the use of funds from
Minnesota's Legacy,a sales tax program that funds grant programs to acquire and protect specific
properties for restricted uses.
The Trust for Public Land is willing to add the Houlton farm property to their acquisition list and
transfer the property to the City of Elk River for stewardship.
Owning the land would require city financial investment and management of the property for public use
as a habitat conservation area and hunting reserve. The city would be restricted from adding most
permanent public infrastructure improvements such as permanent or impervious roads, trails, and
landings and may be required to remove existing buildings on the property.
The attached letter outlines the city's intent to acquire and maintain the property with the restrictions
required by the grant.
Financial Impact
The city will need to master plan the restoration of conservation area habitat and fund the restoration,
maintenance, operations, and possible building demolition.
Attachments
• Letter of Intent to the Lessard-Sams Outdoor Heritage Council
• Sample Notice of Funding Restrictions
P a w E A E U a r
NaA f RE]
August 4,2014
Bill Becker
Executive Director
Lessard-Sams Outdoor Heritage Council
100 Rev.Dr.Martin Luther King Jr.Blvd.
State Office Building, Room 95
St. Paul,MN 55155
Re: Elk River Conservation Area
Dear Mr.Becker:
I write this letter to express the City of Elk River's enthusiastic support for becoming the permanent steward
of the Houlton property at the confluence of the Mississippi and Elk Rivers. Protection of this land has been
a priority for the city for many years given its high natural resource value and sensitive shoreline.
Bob McGillivray of The Trust for Public Land has informed us of the potential opportunity to acquire this
land using funding from the Outdoor Heritage Fund that was previously granted to his organization through
the Metro Big Rivers Partnership. Mr.McGillivray has indicated that the acquisition is contingent on the
Council approving the addition of this land to TPL's parcel list on August 5. We will have two city
representatives at the meeting to answer any questions the Council may have,but we also wanted to assure
you of a few things in writing.
Mr.McGillivray has explained the restrictions and provided us with a copy of the Notice of Funding
Restrictions that come with this funding and we are comfortable with them.
This land will be open to public hunting and fishing and will be managed as natural area promoting habitat
for fish and wildlife. We intend to manage it like Anoka County has managed its two OHF-funded
conservation areas. Our plan is to basically leave this land natural. Specifically,we do not plan to have any
paved trails or roads,or to construct any buildings.
We thank the Lessard Council for considering TPL's requested amendment. If we become the stewards of
this land,rest assured,we will take good care of it.
Sincerely,
John Dietz
Mayor
Doc. No. A 940313
OFFICE OF THE COUNTY RECORDER
SCOTT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
07-08-2013 at 11:00 Recpt: 1240629
James L. Hentges, County Recorder 01
Fee: $ 46.00
NOTICE OF FUNDING RESTRICTIONS
THE TRUST FOR PUBLIC LAND, a nonprofit California public benefit corporation authorized to
do business in Minnesota as The Trust for Public Land, Inc. is the fee owner of a certain piece or parcel
of land located in Scott County, Minnesota, more particularly described in Exhibit A attached hereto and
made part hereof(the"real property").
Notice is hereby given that The Trust for Public Land acquired the property with a grant from the
Outdoor Heritage fund as provided in Minnesota Laws 2011, 1st Special Session, Chapter 6,Article 1,
Section 2, Subdivision 5 (d): Metro Big Rivers Habitat Program Phase II (The Trust for Public Land),
MNDNR Agreement Number SWIFT PO No. 3000008675 between The Trust for Public Land and the
Minnesota Department of Natural Resources.
In accordance with 2012 Minn. Statutes, 97A.056 OUTDOOR HERITAGE FUND; LESSARD-
SAMS OUTDOOR HERITAGE COUNCIL Subd. 15. Land Acquisition Restrictions, The Trust for
Public Land is providing notice of the following:
"This interest in real property shall be administered in accordance with the terms, conditions, and
purposes of the grant agreement controlling the acquisition of the property. The interest in real property,
or any portion of the interest in real property, shall not be sold, transferred, pledged, or otherwise
disposed of or further encumbered without obtaining the prior written approval of the Lessard-Sams
Outdoor Heritage Council or its successor. The ownership of the interest in real property shall transfer to
the state if.- (1) the holder of the interest in real property fails to comply with the terms and conditions of
the grant agreement or accomplishment plan; or(2) restrictions are placed on the land that preclude its
use for the intended purpose as specified in the appropriation."
IN WITNESS WHEREOF, The Trust for Public Land has set its hand and seal this day of
Ji uln P 2013.
THE TRUST FOR PUBLIC LAND ,
By:
Title: s�, o;cC.'t VV(a 5t f
Date:
RETURN TO:
First American Tide Insurance Co.
801 Nlcollet Mall,Sub 1900
Minneapolis,MN 55402
NCS
1
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STATE OFMINNESOTA )
)ss.
COUNTY OF JJ t" fj2 {/1 )
On this day of J V V\.e_ 2013, before me personally appeared
R,obpr-+ J- mcGiiIq to me personally known, who, being by me duly sworn did say that s/he is
the protect Ib tww-2V" of The Trust for Public Land, a nonprofit California public benefit
corporation authorized to do business in Minnesota as The Trust for Public Land, Inc.; and acknowledged
said instrument to be the free act and deed of said corporation.
Notary Public
My Commission Expires:
Ly
Drafted by:
The Trust for Public Land (MM)
2610 University Avenue, Suite 300
St. Paul, MN 55114 DANIELLE NICOLE RAWLINGS HAAG
NOTARY PUBLIC-MINNESOTA
MY COMMISSION EXPIRES 01/31/16
2
EXHIBIT A
Legal Description
Real property in Scott County, Minnesota, legally described as follows:
All that part of Government Lot 10 of Section 25, Township 113, Range 26, Scott County, Minnesota, that lies
easterly of the easterly right-of-way line of the Union Pacific Railroad.This tract contains 0.45 acres of land and is
subject to any and all easements of record.
ALSO
All that part of Government Lot 1 and the Northwest Quarter of the Northwest Quarter and the East Half of the
Northwest Quarter of Section 30, Township 113, Range 25, Scott County, Minnesota, that lies easterly of the
easterly right-of-way line of the Union Pacific Railroad and EXCEPTING therefrom the North 300.00 feet of the
East 2033.00 feet of the North Half of the Northwest Quarter of said Section 30 and also EXCEPTING therefrom
the plat of AUTUMN WOOD ARBOR, Scott County, Minnesota, said plat being on file and of record at the Scott
County's Office. Also EXCEPTING therefrom the following described tract of land: Commencing at the northwest
corner of said Section 30; thence on an assumed bearing of South 00 degrees 29 minutes 39 seconds West along
the West line of the Northwest Quarter of said Section 30 a distance of 621.59 feet to a point on the easterly
right-of-way line of the Union Pacific Railroad; thence South 05 degrees 15 minutes 56 seconds East along said
easterly right-of-way line of the Railroad 1233.46 feet to the point of beginning of said exception to be described;
thence South 70 degrees 39 minutes 01 seconds East 621.56 feet; thence North 19 degrees 20 minutes 59
seconds East 350.41 feet; thence North 70 degrees 39 minutes 01 seconds West 621.56 feet; thence South 19
degrees 20 minutes 59 seconds West 350.41 feet to the point of beginning of said exception. This tract contains
123.65 acres of land and is subject to any and all easements of record.
(� �c)