8.1. SR 10-06-2014 City of
Elk=' Request for Action
River
To Item Number
Mayor and City Council 8.1
Agenda Section Meeting Date Prepared by
General Business October 6, 2014 Michael Hecker, Parks and Recreation Director
Item Description Reviewed by
Donation Agreement for Houlton Farm Property Cal Portner, City Administrator
Reviewed by
Action Requested
Approve,by motion, a donation agreement between the Trust For Public Land and the City of Elk River
to purchase and acquire the Houlton Farm property.
Background/Discussion
On August 4, 2014, the City Council approved a Letter of Intent that was provided to the Lesard-Sams
Outdoor Heritage Council (LSOHC) for the acquisition of the Houlton Farm property. Representatives
from the Trust for Public Land (TPL), along with Parks and Recreation Commission Chair Dave
Anderson, and Parks and Recreation Director Michael Hecker,met with the LSOHC on August 5. The
LSOHC approved adding the farm to the TPL parcel with grant funds to purchase it.
Since that time, city staff and the city attorney have reviewed the required legal documents to move
forward with the purchase. A Parks and Recreation Commission work session was held on September 10
and a Public Open House held on Wednesday, September 24 to address resident concerns regarding the
public use of the property as a habitat conservation area and hunting reserve. Over 25 residents,mostly
neighbors of the Houlton property, attended the Open House. A majority of the residents were fine with
the property becoming a wildlife and native habitat conservation area with hunting. In regard to hunting,
a few indicated concern while most were satisfied hunting will follow current state regulations approved
by the DNR.
Hunting rules (including setbacks) for the property will be developed by the city in consultation with the
DNR that will balance public hunting and public safety issues in consideration of the natural resources
and physical characteristics of the land. Ultimate approval of the rules rests with the Commissioner of
the DNR. It is envisioned that the city will appoint a committee to develop a plan and meet with the
DNR this fall.
City staff recommends hunting setbacks of 500-feet from the property line and no rifles. A draft copy of
•hunting ordinance with city attorney recommendations is attached. This ordinance will be reviewed by
•planning committee and the DNR, and approved by City Council after the property is acquired.
Staff is currently developing a planning committee to review the various planning needs for the property.
The largest planning requirement will be a restoration/natural resource plan that will be led by the
Friends of the Mississippi River (FMR). The FMR is a crucial partner in transitioning the Houlton
property from farming to a natural resource area. They have already received $160,000 directed toward
P a w E R E U 6 Y
Template Updated 4/14 INIM UREI
this effort. It will be at least 18-months before the property is open to the public for hiking. Public
hunting is recommended to open in fall 2016.
Financial Impact
The city will need to develop various planning documents for the Houlton property as outlined in the
attached planning document draft. This will require a dedication of staff time and effort led and funded
by conservation organizations such as the TPL and FMR. The TPL has already indicated they will have
$50,000 in funds to assist in the demolition of the house. The city will be responsible for the continued
operations and maintenance of the property.
Attachments
• Donation Agreement
• Letter of Intent to the Lessard-Sams Outdoor Heritage Council
• Hunting Ordinance Draft
• Planning for Houlton Property Draft
N:\Public Bodies\Agenda Packets\10-06-2014\Final\x8.1 sr Donation agreement for Houlton farm.docx
DONATION AGREEMENT
THIS DONATION AGREEMENT ("Agreement"), having an Effective Date of October
6, 2014, is entered into by and between THE TRUST FOR PUBLIC LAND, a nonprofit
California public benefit corporation authorized to do business in Minnesota as The Trust For
Public Land, Inc. ("Seller") and THE CITY OF ELK RIVER, MINNESOTA, a municipal
corporation under the laws of the State of Minnesota("Buyer").
RECITALS:
A. The addresses and telephone numbers of the parties to this Agreement are as
follows. Telephone numbers are included for information only.
SELLER: BUYER:
The Trust for Public Land The City of Elk River
2610 University Avenue, Suite 300 13065 Orono Parkway
St. Paul, MN 55114 Elk River, MN 55330
Attn: Bob McGillivray Attn: Calvin Portner
Tel: (651) 999-5307 Tel: (763) 635-1001
Fax: (651) 917-2248 Fax: (763) 635-1090
With copies to: With copies to:
The Trust for Public Land
2610 University Avenue, Suite 300
St. Paul, MN 55114
Attn: Mike Zender
Tel: (651) 999-5319 Tel:
Fax: (651) 917-2248 Fax:
B. Houlton Olson Family, LLLP ("Current Owner") is the owner of certain real
property in Sherburne County, Minnesota legally described on Exhibit A attached hereto and
incorporated herein by this reference. Said real property, and any and all improvements, fixtures,
timber, water and/or minerals located thereon and any and all rights appurtenant thereto
including but not limited to timber rights, water rights, grazing rights, access rights and mineral
rights, shall be referred to in this Agreement as the "Property" or the "Subject Property."
C. Seller has proposed to acquire the Property from Current Owner.
D. Seller desires and Buyer agrees to receive the Property from Seller by Donation
upon Seller's acquisition of the Property from Current Owner in accordance with the terms and
conditions set forth in this Agreement.
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NOW THEREFORE, IN CONSIDERATION OF TEN AND 00/100 DOLLARS ($10.00) AND
OTHER VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH
ARE HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:
1. Donation. Seller agrees to convey to Buyer and Buyer agrees to receive such
conveyance from Seller of the Subject Property on the terms and conditions set forth herein.
2. Purchase Terms. The purchase price (the "Purchase Price") for the Subject
Property shall be $0.00.
3. Contingencies.
(a) Seller Contingencies. Buyer acknowledges that Seller does not presently
own the Subject Property and that Seller's duties hereunder and Buyer's rights hereunder are
both expressly contingent upon the acquisition by Seller of the Subject Property. In the event
Seller does not acquire the Subject Property from Current Owner this Agreement shall terminate,
and thereafter neither party shall have any further obligations hereunder.
(b) Buyer Contingencies.
(i) The representations and warranties of Seller set forth in this
Agreement must be true as of the date of this Agreement and on the Closing Date,
and Seller shall have delivered to Buyer at Closing a certificate dated the Closing
Date, signed by Seller, certifying that such representations and warranties are true
as of the Closing Date;
(ii) Buyer determining on or before the expiration of the Inspection
Period that it is satisfied, in its sole discretion, with the results of matters
disclosed by Buyer's inspection of the Subject Property and the EA Reports;
(iii) Buyer determining that it is satisfied with the title to the Property;
(collectively the "Buyer's Contingencies"). Buyer shall use its best efforts to satisfy Buyer's
Contingencies prior to the Closing date. In the event that the Buyer's Contingencies are not met
by the date of Closing, Seller shall have the option to terminate this Agreement or extend this
Agreement by written notice to Buyer, which written notice shall specify the period of such
extension. In no event shall this Agreement be extended for more than six (6) months after the
Closing Date without a written amendment executed by both parties.
4. Condition of the Subiect Property.
(a) Buyer agrees that from the Effective Date through, to and including
October 7, 2014, or such other date as provided herein (the "Inspection Period"), Buyer
may:
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(i) make an independent investigation of the physical condition of the
Subject Property including but not limited to, the condition of the soil, the
presence of hazardous materials or contaminants, other physical characteristics,
and compliance with any statutes, ordinances or regulations;
(ii) study all aspects or circumstances of the Subject Property which
Buyer deems material or relevant; and
(iii) make all inspections and verifications which Buyer deems
necessary for the completion of Buyer's due diligence review for the transactions
covered by this Agreement.
Buyer shall be solely responsible for conducting any inspections or tests required by law at its
sole cost and expense. Seller has provided Buyer with a Phase I Environmental Site Assessment
prepared by Braun Intertec and any reports resulting from additional studies (the "EA Reports").
Should Buyer determine in its sole discretion based on its investigation of the Subject Property
and its review of the EA Reports that the condition of the Subject Property is unacceptable to
Buyer, prior to the expiration of the Inspection Period, Buyer shall so notify Seller in writing of
its objections ("Objections"). In the event that Seller is unable to cause Buyer's Objections to be
remedied, Buyer may elect to: (a) terminate this Agreement in which case Buyer shall have no
obligation to acquire the Subject Property, and the parties' obligations hereunder shall terminate
or (b) proceed to Closing, and accept title to the Property subject to such Objection(s) which are
not remedied. Buyer's failure to make timely Objections will constitute a waiver of its rights to
raise any Objections hereunder and Buyer will accept title to the Subject Property subject to such
conditions. Buyer may not disclose any information, including environmental assessment
reports, Buyer obtains through the investigations and inspections performed in accordance with
this Section unless required to disclose such information pursuant to a court order or as otherwise
required by law.
Before entering upon the Subject Property to conduct the investigations provided for herein,
Buyer shall notify Seller and Seller shall have obtained Current Owner's permission for Buyer to
enter upon the Subject Property to conduct said investigations. If Buyer does any excavation,
Buyer agrees to restore the Subject Property to its natural condition if Buyer's acquisition of the
Subject Property is not consummated as contemplated by this Agreement.
(b) Buyer agrees that Seller has made no representations or warranties with
respect to the Subject Property except as set forth in this Agreement.
(c) Buyer will not undertake any activity which will jeopardize Seller's efforts
to acquire the Subject Property.
(d) Buyer agrees to accept the Subject Property "as is," in its present
condition and/or as otherwise required pursuant to the terms of this Agreement, subject to
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all reasonable use, wear and tear, and deterioration of any kind in, of, or to the Subject
Property.
5. Closing. Final settlement of the obligations of the parties hereto shall occur on or
before November 15, 2014 (the "Closing"). In addition, the Closing shall be delayed for any
extension of the Inspection Period or any period of time that Seller is attempting to cause the
cure of any objections raised by Buyer pursuant to Sections 4 or 6. This transaction shall be
closed in escrow with Land Title, Inc., Attn: Larry Mountain ("Escrow Holder") in accordance
with the general procedures then in use by Escrow Holder, with such additional special
procedures as may be required to conform with the terms and conditions of this Agreement. The
cost of the escrow and closing fee shall be paid by Seller.
6. Title. Seller shall by limited warranty deed convey to Buyer its interest in the
Subject Property, subject only to the following:
(i) any federal, state or local laws, ordinances, regulations and/or orders
whatsoever;
(ii) the lien of real property taxes and the lien of special assessments and interest
due thereon, if any, payable in the year of closing which by the terms of this Purchase
Agreement are to be paid or assumed by the Purchaser;
(iii) such other title objections and exceptions as may be waived by Buyer;
(iv) any restrictions or conditions required by any entity providing grants or
funding for the acquisition of the Property; and
(v) the standard printed exceptions on the form of title insurance issued pursuant
to Section 7.
The foregoing shall be referred to collectively as "Permitted Exceptions." Seller has delivered to
Buyer a copy of the commitment for title insurance issued by Escrow Holder committing the
company to issue an Owner's Policy insuring title to the Subject Property in Seller. Buyer may
obtain a title commitment from Escrow Holder committing the company to issue an Owner's
Policy insuring title to the Subject Property in Buyer. On or before October 7, 2014, Buyer shall
advise Seller in writing of any exceptions other than the Permitted Exceptions which Buyer will
require to be removed on or before Closing (such exceptions which are not Permitted Exceptions
being hereafter referred to as "Impermissible Exceptions"). In the event Seller is unable to cause
Current Owner to remove any such Impermissible Exceptions by Closing, Buyer may elect to
terminate this Agreement in which case Buyer shall have no obligation to purchase the Subject
Property and the parties' obligations hereunder shall terminate. If Buyer fails to notify Seller of
any objection to exceptions in the time period provided herein, Buyer shall be deemed to have
accepted all matters set forth in the title commitment and the same shall be deemed Permitted
Exceptions.
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7. Title Insurance. Buyer may, at its option, and at Seller's cost and expense
procure a standard owner's policy of title insurance from the Escrow Holder insuring that
Seller's interest in the Subject Property is vested in Buyer upon Closing, subject to the
exceptions which are acceptable or are deemed acceptable pursuant to Section 6. Seller shall pay
for the base premium, but not for endorsements to the policy.
8. Seller's Promise not to Further Encumber. Seller shall not, without the prior
written consent of Buyer, make any leases, contracts, options or agreements whatsoever affecting
the Subject Property which would in any manner impede Seller's ability to perform hereunder
and deliver title as agreed herein.
9. Seller's Representations. Seller makes the following representations:
(a) At Closing, Seller will have the power to sell, transfer and convey all of
Seller's right, title and interest in and to the Subject Property in accordance with the
terms and conditions of this Agreement.
(b) Seller represents and warrants that it is not a"foreign corporation" as defined
in Section 1445 of the Internal Revenue Code. Seller's United States Taxpayer
Identification Number is 23-7222333.
(c) Well disclosure. [Check one of the following:]
Seller certifies that Seller does not know of any wells on the Property.
X Wells on the Property are disclosed by Seller on the attached Well
(d) Disclosure of individual on-site sewage treatment system. [Check one of
the following:]
Seller certifies that Seller does not know of any individual on-site sewage
X Individual on-site sewage treatment systems on the Property are disclosed
by Seller on the attached Disclosure form.
(e) Protected Historical Sites. [Select either one of the following:]
X Seller represents that Seller does not know if there are historical,
native American, or archeological materials on or in the Property
that might be protected by law.
To Seller's knowledge, the property does not have any American
Indian burial grounds, other human burial grounds, ceremonial
earthworks, historical materials, and/or other archeological sites
that are protected by federal or state law. City's obligation to close
is contingent upon City determining to City's satisfaction that the
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property does not have any American Indian burial grounds, other
human burial grounds, ceremonial earthworks, historical materials,
and/or other archeological sites that are protected by federal or
state law.
10. Closing Documents. At the Closing, Seller shall execute and/or deliver to Buyer
the following (collectively the "Closing Documents"):
(a) Limited Warranty Deed. A Limited Warranty Deed in recordable form
and reasonably satisfactory to Buyer.
(b) Seller's Affidavit. A standard form affidavit by Seller indicating that on
the date of Closing there are no outstanding, unsatisfied judgments, tax liens or
bankruptcies against or involving Seller or the Property; that there has been no skill, labor
or material furnished to the Property for which payment has not been made or for which
mechanic's liens could be filed; and that there are no other unrecorded interests in the
Property.
(c) Non-Foreign Person Certification. A certification in form and content
satisfactory to the parties hereto and their counsel, properly executed by Seller,
containing such information as shall be required by the Internal Revenue Code, and the
regulations issued there under, in order to establish that Seller is not a"foreign person" as
defined in §1445(f)(3) of such Code and such regulations.
(d) Storage Tanks. If required, an affidavit with respect to storage tanks
pursuant to Minn. Stat. § 116.48.
(e) Well Certificate. If there is a well located on the Property, a well
disclosure certificate in form and substance true to form for recording.
(f) Certification. A certification that the representations and/or warranties
made by Seller is materially the same as were in existence on the date of this Agreement
or noting any changes thereto;
(g) Other Documents. All other documents reasonably determined by either
party or the title insurance company to be necessary to transfer and provide title insurance
for the Property.
11. Prorations, Closing Expenses and Fees. Real estate taxes due and payable in
2014 and 2015 (estimated if necessary) will be paid by Seller. Special assessments, levied,
pending or constituting a lien against the Subject Property, if any, will be paid by Current
Owner. Current Owner is responsible for paying any additional taxes, penalties and interest,
including but not limited to compensatory or roll back taxes, on the Subject Property arising
from the termination of a preferential tax classification of the Subject Property. Current Owner
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shall pay on Date of Closing or provide for payment of any deferred real estate taxes (including
"Green Acres" taxes under Minn. Stat. § 273.111)payment of which is required as a result of the
Closing of this sale and the recording of the Deed. Provision for payment shall be by payment
into escrow of 1.5 times the estimated payoff amount of the deferred taxes. Any documentary tax
or real property transfer tax arising out of the conveyance of the Subject Property shall be paid
by Seller. The escrow and closing fee(s) charged by Escrow Holder shall be paid by Seller.
Other fees and charges not otherwise allocated in this Agreement shall be paid by Seller.
12. Notices. All notices pertaining to this Agreement shall be in writing delivered to
the parties hereto personally by hand, telecopier, courier service or Express Mail, or by first class
mail, postage prepaid, at the addresses set forth in Recital A. All notices shall be deemed given
when deposited in the mail, first class postage prepaid, addressed to the party to be notified; or if
delivered by hand, telecopier, courier service or Express Mail, shall be deemed given when
delivered. The parties may, by notice as provided above, designate a different address to which
notice shall be given.
13. Attorneys' Fees. If any legal action is brought by either party to enforce any
provision of this Agreement, the prevailing party shall be entitled to recover from the other party
reasonable attorneys' fees and court costs in such amounts as shall be allowed by the court.
14. Remedies Upon Default. In the event Buyer defaults in the performance of any
of Buyer's obligations under this Agreement, Seller shall, in addition to any and all other
remedies provided in this Agreement, including the right to retain Deposit, or at law or in equity,
have the right of specific performance against Buyer. In the event Seller defaults in the
performance of any of Seller's obligations under this Agreement, Buyer shall, in addition to any
and all other remedies provided in this Agreement, or at law or in equity, have the right of
specific performance against Seller.
15. No Broker's Commission. Each party represents to the other that it has not used
a real estate broker in connection with this Agreement or the transaction contemplated by this
Agreement. In the event any person asserts a claim for a broker's commission or finder's fee
against one of the parties to this Agreement, the party on account of whose conduct the claim is
asserted will hold the other party harmless from said claim.
16. Time of the Essence. Time is of the essence of this Agreement.
17. Binding on Successors. This Agreement shall be binding not only upon the
parties hereto, but also upon their heirs, personal representatives, assigns, and other successors in
interest.
18. Additional Documents. Seller and Buyer agree to execute such additional
documents, including escrow instructions, as may be reasonable and necessary to carry out the
provisions of this Agreement.
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19. Assignment. Neither Buyer nor Seller may assign their respective interests under
this Agreement without the written consent of the other.
20. Entire Agreement; Modification; Waiver. This Agreement constitutes the
entire agreement between Buyer and Seller pertaining to the subject matter contained in it and
supersedes all prior and contemporaneous agreements, representations, and understandings. No
supplement, modification or amendment of this Agreement shall be binding unless executed in
writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed
or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver
constitute a continuing waiver. No waiver shall be binding unless executed in writing by the
party making the waiver.
21. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original and which together shall constitute one and the same agreement. In
addition, facsimile, .pdf or photocopied signatures of or on behalf of either Buyer or Seller shall
be satisfactory to both Buyer and Seller.
22. Severability. Each provision of this Agreement is severable from any and all
other provisions of this Agreement. Should any provision(s) of this Agreement be for any reason
unenforceable, the balance shall nonetheless be of full force and effect.
23. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota.
24. Acceptance of Deed. The acceptance by Buyer of the deed shall be deemed to be
full performance by Seller of, and shall discharge Seller from, all obligations hereunder and
Seller shall have no further liability hereunder.
25. Risk of Loss. All risk of loss shall be with Seller until Closing. In the event the
Subject Property is destroyed or damaged in a manner that results in a material loss of value of
the Property prior to Closing, Buyer shall have the right at its option to terminate this Agreement
by written notice to Seller, in which case this Agreement shall terminate, and the parties shall
have no further obligation to each other hereunder.
26. Condemnation. In the event of a taking of all or any part of the Subject Property
under the power of eminent domain prior to the Closing, Buyer shall proceed to Closing with an
assignment by Seller of all Seller's right, title and interest in and to any and all such awards and
proceeds.
27. Possession. Seller shall deliver possession of the Subject Property concurrently
with Closing in accordance with Section 4(d), Section 6 and Section 31.
28. Buyer's Representation. Buyer represents that it has full power and authority to
enter into this Agreement and the person signing this Agreement for Buyer has full power and
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authority to sign for Buyer and to bind it to this Agreement.
29. Miscellaneous. In the event that any of the deadlines set forth herein end on a
Saturday, Sunday or legal holiday, such deadline shall automatically be extended to the next
business day which is not a Saturday, Sunday or legal holiday. The term "business days" as may
be used herein shall mean all days which are not on a Saturday, Sunday or legal holiday.
30. Signage. The parties agree that permanent signage on the Property shall provide
for recognition of the role of Seller and its funding sources in this acquisition, said signage being
subject to the approval of Seller. This section shall survive the delivery of the deed.
31. Current Owner's Rights. During the Term hereof, Current Owner shall have the
right to remove all or a portion of the irrigation system located on the Property. In addition,
Current Owner shall have fifteen (15) days post-closing to vacate the buildings located on the
Property, leaving them in "broom clean" condition, and shall have the right during said fifteen
(15) day period to continue to remove the irrigation system.
IN WITNESS of the foregoing provisions the parties have executed and delivered this
Agreement as of the date set forth below.
SELLER: BUYER:
THE TRUST FOR PUBLIC LAND, a THE CITY OF ELK RIVER, a municipal
nonprofit California public benefit corporation under the laws of the State of
corporation authorized to conduct business Minnesota
in Minnesota as The Trust For Public Land,
Inc.
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
By:
Name:
Title:
Date:
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EXHIBIT A
(Legal Description)
The following real property located in the County of Sherburne, State of Minnesota, legally
described as follows:
Government Lots 3, 4 and 6, Section 4, Township 32, Range 26, Sherburne County, Minnesota;
together with Island D and Island E, as shown on a Certificate of Survey, prepared by Rick M.
Blom, PLS, John Oliver& Associates, Inc., dated 8/5/05 and last revised 1/15/07.
AND
That part of Government Lot 2, Section 4, Township 32, Range 26, Sherburne County,
Minnesota, lying westerly and southerly of the thread of the Elk River;
AND
Government Lot 5, Section 4, Township 32, Range 26, Sherburne County, Minnesota, EXCEPT
that part thereof lying within the following described property: Beginning at the Northwest
corner of said Government Lot 5; thence North, assumed bearing, along the West line of
Government Lot 1, Section 33, Township 33, Range 26, Sherburne County, Minnesota, a
distance of 130.50 feet; thence East at right angles a distance of 556.50 thence South 47 degrees
29 minutes East a distance of 247.53 feet; thence South 33 degrees 24 minutes 34 seconds West
a distance of 491 feet, more or less, to intersect the southwesterly line of said Government Lot 5;
thence Northwesterly along said Southwesterly line of Government Lot 5 to intersect the West
line of said Government Lot 5; thence North along said West line of Government Lot 5 a
distance of 113 feet, more or less, to the point of beginning.
Lots 1, 2, 3 and 4, Block 6, of the recorded plat of Orono, Sherburne County, Minnesota.
Lot 5 and the easterly half of Lot 4, Block 7, as measured along the northerly and southerly lines
of said Lot 4, of the recorded plat of Orono, Sherburne County, Minnesota.
That part of the West Half of the Southeast Quarter of Section 33, Township 33, Range 26,
Sherburne County, Minnesota lying southerly of the thread of the Elk River.
AND
That part of the East Half of the Southwest Quarter of Section 33, Township 33, Range 26,
Sherburne County, Minnesota, described as follows: Beginning at the Southwest corner of said
East Half of the Southwest Quarter; thence north along the West line of said East Half of the
Southwest Quarter to intersect the southerly line of Second Street, according to the recorded plat
of Orono; thence easterly along the southerly line of Second Street to the easterly line of Pine
Street (now known as Watson Avenue); thence northerly along the easterly line of said Pine
Street to a point 80 feet southerly of the southwesterly corner of Lot 1, Block 7, said plat of
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Orono, as measured along the easterly line of Pine Street; thence easterly on a line parallel with
the southerly line of said Block 7, a distance of 99 feet; thence northerly parallel with the
westerly line of said Lot 1 to the southerly line of said Block 7; thence easterly along the
southerly line of said Block 7 to the southwesterly corner of Lot 3, said Block 7, thence southerly
at right angles 66 feet; thence easterly parallel with the southerly line of said Block 7 a distance
of 98.91 feet to the southerly extension of the easterly line of the westerly half of Lot 4, said
Block 7, as measured along the northerly and southerly lines of said Lot 4; thence northerly
along said southerly extension to the southerly line of said Lot 4; thence easterly along the
southerly line of said Block 7 to the southerly corner said Block 7, thence easterly to the
southwesterly corner of Block 6, said plat of Orono; thence easterly along the southerly line of
said Block 6 and its easterly extension to the thread of the Elk River; thence easterly along the
thread of the Elk River to the East line of said East Half of the Southwest Quarter; thence south
along said East line of the East Half of the Southwest Quarter to the Southeast corner of said East
Half of the Southwest Quarter; thence west along the South line of said East Half of the
Southeast Quarter to the point of beginning.
AND
That part of Government Lot 1, Section 33, Township 33, Range 26, Sherburne County,
Minnesota, described as follows: Beginning at the Southwest corner of said Government Lot 1,
thence north along the West line of said Government Lot 1, a distance of 130.50 feet; thence east
deflecting 90 degrees to the right, a distance of 556.50; thence northerly deflecting 90 degrees 32
minutes 03 seconds on a line run to the northeasterly corner of Block 13 of the plat of Orono, a
distance of 253.01 feet to its point of intersection with the center line of Third Street (now
vacated) in said plat of Orono; thence easterly along the center line of said Third Street to the
southerly extension of the easterly line of Block 14 in said plat of Orono; thence northerly to the
southeasterly corner of said Block 14; thence easterly along the extension of the southerly line of
said Block 14 to the easterly line of Walnut Street in said plat of Orono (now known as Xenia
Street); thence northerly along the easterly line of said Walnut Street to the southerly line of
Second Street in said plat of Orono; thence easterly along the southerly line of Second Street to
the East line of said Government Lot 1; thence south along the East line of said Government Lot
1 to the Southeast corner of said Government Lot 1; thence west along the South line of said
Government Lot 1 to the point of beginning. EXCEPT that part of said Government Lot 1
described as follows: Beginning at the Southwest corner of said Government Lot 1; thence
North, assumed bearing, along the West line of said Government Lot 1 a distance of 130.50 feet;
thence East at right angles 556.50 feet; thence South 47 degrees 29 minutes East to the South line
of said Government Lot 1; thence west along the South line of said Government Lot 1 to the
point of beginning.
AND
That part of Island F, as shown on a Certificate of Survey prepared by Rick M. Blom, PLS, John
Oliver & Associates, Inc., dated 8/5/05, and last revised 1/15/07, also known as Race Island, as
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shown on the plat of Orono, lying northerly of the easterly extension of the southerly line of
Block 6 of the recorded plat of Orono.
That part of Government Lot 2, Section 33, Township 33, Range 26, Sherburne County,
Minnesota, lying westerly of the thread of the Elk River; also known as that part of Lot 2,
Auditors Subdivision No. 3, Sherburne County, Minnesota, lying westerly of the thread of the
Elk River.
Government Lot 1, Section 5, Township 32, Range 26, Sherburne County, Minnesota.
AND
That part of Government Lots 2 and 3, Section 5, Township 32, Range 26, Sherburne County,
Minnesota, lying easterly of the recorded plat of Mississippi Oaks Second Addition and lying
easterly of the recorded plat of Mississippi Oaks Third Addition.
AND
Islands A, B and C, as shown on a Certificate of Survey prepared by Rick M. Blom, PLS, John
Oliver& Associates, Inc., dated 8/5/05 and last revised 1/15/07.
That part of Government Lot 1, Section 32, Township 33, Range 26, Sherburne County,
Minnesota lying easterly and southerly of the thread of the Mississippi River backwater, said
thread being the common line with Mississippi Oaks Third Addition, and lying westerly of the
southerly extension of the West line of the recorded plat of Orono Hills Addition.
AND
That part of Government Lot 1 and Government Lot 2, Section 32, Township 33, Range 26,
Sherburne County, Minnesota, lying southerly of the recorded plat of Orono Hills Addition,
lying easterly of the southerly extension of the West line of said Orono Hills Addition and lying
southerly of the southwesterly extension of the southeasterly line of Lot 5, Block 2, said Orono
Hills Addition.
178009A 12
City of
E lk °
iltave '
13065 Orono Parkway
Elk River,MN 55330
August 4,201.4
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 opportun r, 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
Phone: 763.635.1000 P 0 W E R E 0 0 if
Fax:763.635.1090 NATURE
www.ElkRiverMN.gov
Draft 9-3-14
PLANNING FOR HOULTON PROPERTY
There are a number of ways that planning for the Houlton Property could be done, but here are some
suggestions. There are a number of planning needs for this property:
• A restoration/natural resource management plan
• A hunting plan
• A plan for other recreational activities (e.g.,fishing, hiking,wildlife observation,
canoeing/boating, etc.)
• An improvement plan
• A funding plan
• A general management plan (signage, hours open, trash, rules and enforcement, etc.)
These components could all be put together in one master plan, or it might make sense to have some of
them be separate and be incorporated into an overarching master plan. For example, Friends of the
Mississippi intends to prepare a detailed natural resource management plan that will be a stand-alone
document. The hunting plan to be approved by DNR also may make sense to be a separate document.
Note that the overall plan does not need to be long or complicated. See the Anoka County Conservation
Stewardship Plan for Cedar Creek Conservation Area. The appointment of a small committee to develop
this plan will likely make the process more manageable and proceed more quickly. At an appropriate
time, some public input would also be advisable.
All of this planning should be able to be completed in less than a year. Given all of the things that need
to happen in connection with the acquisition of the property, it probably makes sense to really start the
planning after closing in October or November. Given the public resources invested in this land, it
should probably be open to the public by the spring of 2016 and open for hunting the fall of 2016.
Restoration activities on buckthorn removal should start by the summer/fall of 2015.
A rough timeline of how this could proceed in on the following page.
Draft 9-3-14
DRAFT TIMELINE FOR PLANNING AND OPENING OF HOULTON PROPERTY
2014
Oct/Nov • Closing on acquisition of property
Fall • Appointment of planning committee
• Initial meetings with FMR
• Initial meeting with DNR
• Meeting with Anoka County to get their advice on management/planning
2015
Winter • Planning activities continue
Spring • Planning activities continue
Summer • Planning activities continue
• Initial improvement activities commence (removal of house,etc.)
Fall • Planning completed
• First phase of restoration begins (buckthorn removal)
• Initial improvement activities continue
2016
Winter • Initial improvement activities continue
Spring • Initial improvements completed (parking,signage,etc.)
• Land open to the public for hiking,etc.
Summer • Second phase of restoration begins (prairie, if funding available)
Fall • Land open to public hunting
CITY COUNCIL
CITY OF ELK RIVER
ORDINANCE NO. 14-
AN ORDINANCE ALLOWING HUNTING AND FISHING IN THE ELK RIVER
CONSERVATION AREA
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That the City of Elk River Code of Ordinances shall be amended to add new Section 50-
119, as follows:
Section 50-19: Elk River Conservation Area
(a) The Elk River Conservation Area, located at Main Street, was
acquired with funding provided by the Minnesota Outdoor Heritage Legacy Fund.
Pursuant to Minn. Laws 2012, Chapter 264, Article I, Section 2, Subd. 19(c), land
acquired with money appropriated from the fund that are held by a nonstate entity
must be open to the public taking of fish and game during the open season, unless
otherwise prescribed by the commissioner of natural resources. Therefore, the Elk
River Conservation Area shall be open£ ;,„,: e public t , of fish and game during
the open season, subject to:
(i) Current state hunting, trapping an is ing regulations;
(ii) Any additional regulations and restrictions prescribed by the
commissioner of natural resources;
(iii) Hunting shall be limited to shotguns, no rifles or handguns shall be used
for hunting or discharged within the Elk River Conservation Area; and
(iv) The discharge or use of a dangerous weapon shall be prohibited within
500 feet of any property line of the Elk River Conservation Area.
Section 2. That this Ord,inance shall take effect upon adoption and be published as required by law.
Adopted by this day , 2014.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk