543 Red Pine Lane - Conservation Easement 7-16-19 Agenda Information Memo
July 16, 2019, Eagan City Council Meeting
CONSENT AGENDA
K. Conservation Easement—543 Red Pine Lane
Vegetation Management
Action To Be Considered:
Approve a Request to Manage Vegetation (invasive plant control and native plant
restoration) within a Conservation Easement on property identified as Lots 1 & 2, Block 1,
Gustafson Addition.
Facts:
➢ As a condition of subdivision approval, the City has required the dedication of conservation
easements over environmentally sensitive areas of plats. Such a conservation easement was
recorded in 2008 for the Gustafson Addition plat, specifically on Lots 1 & 2, Block 1 (currently
543 Red Pine Lane).
➢ The purpose of conservation easements is to protect the pre-development character of areas
and to allow them to remain in their natural states for the benefit of the environment, the
public and adjacent property owners. Most conservation easements have been granted
along shorelines of lakes or wetlands or within heavily wooded areas.
➢ Under the terms of the conservation easement, which is recorded against the title at the
County, the owner retains fee title to the property but needs written authorization from the
City for the cutting or harvesting of any live vegetation cover (with the exception of listed
noxious plants that are required to be controlled) within the Conservation Easement area.
➢ The property owners (543 Red Pine Lane)wish to eradicate non-native invasive plant species
(not technically listed as "noxious", but harmful to native plant diversity) within the
Conservation Easement area and restore with a diverse mix of native plant species for a
functional shoreland buffer for stormwater wetland LP-27. Native plant restoration activities
within the Conservation Easement area would be performed, and maintained during the
plant establishment period, by a specialized native plant restoration contractor. This
restoration activity will not involve any grading or change in topography.
➢ The property owners have cooperated with City staff to develop plans for the potential native
plant restoration for a functional shoreland buffer for stormwater wetland LP-27.This project
is proposed through a cost-share agreement that is included in the list of Contracts for
approval at this meeting.
Attachments: (2)
CK-1 Site Survey, Conservation Easement
CK-2 Proposed Restoration Project Area Map
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CONSERVATION EASEMENT
22Y�
THIS CONSERVATION EASEMENT ("Easement") is made this J day of 110441;
2008,by Ricky L. Gustafson and Kim D. Gustafson, husband and wife (hereinafter referred to laws
as
"Landowner"), in favor of the City of Eagan, a municipal corporation, organized under
of the State of Minnesota(hereinafter referred to as the "City").
WITNESSETH:
That the Landowner, in consideration of the sum of One Dollar ($1.00) and other does
d
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged , does
hereby grant and convey unto the City, its successors and assigns, a permanent cons
rvation
easement for the purpose of preserving and protecting the natural characterofthe easement area,
situed within
over and across portions of Lot 1 and Lot 2, Block 1,GUSTAFSON ADDITION,
Dakota County, Minnesota, described in Exhibit "A" attached hereto and incorporated'her the
ty {
and depicted and identified on Exhibit "B" attached hereto and incorporated herein,
"Easement Area").
The Landowner, for itself and its successors and assigns, covenants and agrees to perform any o
that
it
shall not itself perform nor shall it give permission to any third party
e
following activities within the Easement Area,without the prior written consent of the City:
A. Constructing, installing, storing or maintaining anything made by man, including
ng
but not limited to,buildings, structures, fences, walkways, clothes line poles
playground equipment;
B. Parking of vehicles;
C. Planting of gardens;
D. Storage of firewood; or
E. Clear-cutting or removal of native vegetation or trees.
DATE RECEIVED -47 oi
DAKOTA COUNTY TTREASURERAD1TUR,„4-
The Landowner, for itself and its successors and assigns, further covenants and agrees
that the general topography of the Easement Area shall be continued in its present condition and
no excavation or change in the topography shall be allowed, save and except as may be required
by any federal, state or local government agency, other than the Landowner, which has
jurisdiction over the Easement Area or as authorized by the City, in writing, as the City shall, in
its sole discretion decide is appropriate; that no cutting or harvesting of any live tree or other live
vegetative cover shall be permitted except as may be required by any federal, state or local
government agency, other than Landowner, which has jurisdiction over the Easement Area or as
authorized by the City, in writing,as the City shall, in its sole discretion,decide is appropriate.
The Easement granted herein does not entitle the City to use or occupy the surface of the
Easement Area except as specifically provided herein provided that the City may enter upon the
Easement Area for inspections to ensure compliance with the terms of this Easement. This
Easement shall be effective upon Landowner's execution and shall continue in force in
perpetuity.
Landowner reserves the right to occupy and use the property and Easement Area for all
purposes not inconsistent or interfering with the restrictions set forth herein. The Easement
granted hereunder and the covenants contained herein shall run with the land and shall be binding
onto the parties hereto and their heirs, successors and assigns.
And the Landowner, its successors and assigns, does covenant with the City, its
successors and assigns, that it is the Landowner of the premises aforesaid and has good right to
grant and convey the Easement herein to the City.
IN TESTIMONY WHEREOF, the Landowner has caused this Easement to be executed
as of the day and year first above written.
411
Ricky L. 34 . • r.c.
Kim D. Gustafson
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA ) /J ,
ent was acknowledged before me this � day of
The foregoing rostrum g
2008,by Ricky L. Gustafson and Kim D. Gustafson,husband and wife.
, .. JULIE A.STPID
l:� 4. ) .
NOTARY PUBLIC•Mitit;ESOTA
My Commission Er~lies Jan 31-20'.0 Not ubl i c
APPROVED AS TO FORM:
City Attorney's Office
Dated: Zie--2/PY
APPROVED AS TO CONTENT:
Pte--
4. /6
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Pau lic Works Department
Dated: - OE3
THIS INSTRUMENT WAS DRAFTED BY:
SEVERSON, SHELDON,DOUGHERTY
&MOLENDA, P.A.
7300 West 147th Street,Suite 600
Apple Valley,MN 55124
(952)432-3136
RBB: 206-24569
Easement No. 1171
EXHIBIT"A"
(Description of Easement Area)
That part of Lot 1 and Lot 2, Block 1, GUSTAFSON ADDITION, according to the recorded plat
thereof, Dakota County, Minnesota described as follows: Beginning at the northwest corner of
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said Lot 1; thence South 00 degrees 08 minutes 28 seconds West, assumed bearing, along the
west line thereof; a distance of 181,49 feet; thence North 72 degrees 09 minutes 14 seconds East,
a distance of 105.81 feet; thence North 56 degrees 58 minutes 09 seconds East, a distance of
69.29 feet; thence North 36 degrees 58 minutes 09 seconds East, a distance of 50.33 feet; thence
North 06 degrees 58 minutes 09 seconds East, a distance of 71.22 feet to the north line of said
Lot 2; thence South 89 degrees 58 minutes 09 seconds West, along the north line of said Lots 1
and 2, a distance of 198.23 feet to the point of beginning.
EXHIBIT "B"
Conservation Easement Description For: }
Rick and Kathy Gustafson $0k
DELMAR H. SSHW.ANZ
LAND SURVEYORS, INC.
14555 SOIMI ROBERT TRAIL ROSEMOUNT,MINNESOTA 55088 851-423-1760-
SURVEYOR'S CERTIFICATE
JW CORNER LOT 1 NORTH LINE LOTS 1 AND 2, BLOCK 1, GUSTAFSON ADDITION
N89'58'09"E 264.00
129.03 7 f'1' 95.97 to
�.. 15000 z
- 198.23 - 214.00 I - 65.77- i5
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Conservation Easement Description:
A conservation easement over and across that part of Lot 1 and Lot 2,Block 1,GUSTAFSON
ADDITION,according to the recorded plat thereof,Dakota County,Minnesota described as
follows: Beginning at the northwest corner of said Lot 1;thence South 00 degrees 08 minutes 28
seconds West,assumed bearing,along the west line thereof,a distance of 181.49 feet;thence
North 72 degrees 09 minutes 14 seconds East, a distance of 105.81 feet;thence North 56 degrees
58 minutes 09 seconds East,a distance of 69.29 feet;thence North 36 degrees 58 minutes 09
seconds East,a distance of 50.33 feet;thence North 06 degrees 58 minutes 09 seconds East,a
distance of 71.22 feet to the north line of said Lot 2;thence South 89 degrees 58 minutes 09
seconds West,along the north line of said Lots 1 and 2,a distance of 198.23 feet to the point of
beginning.
I hereby certify that this survey, plan,or report was prepared by me
or under my direct supervision and that I am a duly Registered Lend Aktit ',7ef !
Surveyor under the laws the State of Minnesota, RECEIVED DEC
pljjgar H.Schwann
Dated 0 -6 -0 • rl(tmriesota License No.8625 ,
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City Council Meeting Minutes
July 16,2019
2 page
A. It was recommended to approve the minutes of July 2, 2019 regular City Council meeting, as
presented or modified.
B. Personnel Items:
1. It was recommended to approve the hiring of Jessica Roschen,Administrative Assistant, in
City Clerk's office.
2. It was recommended to approve the hiring of Amy Redding, Code Enforcement.
3. It was recommended to approve the status change of Ceasar Page from full-time to part-
time ECC Custodial and authorize replacement of a full-time Custodial position.
4. It was recommended to approve the promotion of Adam Schneible, Parks Maintenance to
Forestry Supervisory and authorize replacement of the Parks Maintenance position.
C. It was recommended to ratify the check registers dated June 28 and July 5, 2019.
D. It was recommended to approve the ordinary and customary contract with Dakota County
Community Development Agency, Paul of 7, Ricky L.Gustafson and Kim D.Gustafson,and Pitney
Bowes, Inc.
E. It was recommended to approve an Event Staffing Agreement with Minnesota Vikings Football,
LLC,and authorize the Mayor and City Clerk to execute all related documents.
F. It was recommended to approve Estoppel Agreements for participation in the three different
solar gardens that have previously been contracted to provide solar generated power to supply
Central Park and Eagan Community Center property.
G. It was recommended to approve a Wetland Replacement Plan Application from Viking Lakes
(NW Parcel).
H. It was recommended to approve an Encroachment Agreement for property at 4824 Shevlin
Court.
I. It was recommended to approve a Cooperative Construction Agreement with the Minnesota
Department of Transportation, Dakota County Transportation Department for existing traffic
signals on the I-35E entrance and exit ramps at Lone Oak Road (CSAH 26),Yankee Doodle Road
(CHAS 28)and Pilot Knob Road (CSAH 31).
J. It was recommended to approve a Joint Powers Agreement with the Dakota County
Transportation Department for Traffic Control Signal Systems Revisions at Lone Oak road (CSAH
26),Yankee Doodle Road (CSAH 28), Pilot Knob Road (CSAH 31)and Lexington Avenue(CSAH 43)
and authorize the Mayor and City Clerk to execute all related documents.
K. It was recommended to approve a request to Manage Vegetation (invasive plant control and
native plant restoration)within a Conservation Easement on property identified as Lots 1&S,
Block 1,Gustafson Addition.
L. It was recommended to approve a modification to the Conditions of Approval for the Recycle
Zone Planned Development Amendment.
M. It was recommended to approve an Amendment to the Planned Development Agreement for
Fairfield Inn &Suites,for Lot 2, Block 1,Cedar Grove Parkway 4th Addition.
N. It was recommended to approve a one-year extension of Preliminary Subdivision approval for
Haven Woods to create 10 single-family lots upon approximately 5.25 acres located southwest
of Dodd Road and Elrene Road.
O. It was recommended to approve a resolution to temporarily extend the licensed premise of the
On-Sale Taproom License issued to Bald Man Brewing, Inc.on August 23 and 24, 2019 at 2020
Silver Bell Road Suite 25.
P. It was recommended to approve a resolution to temporarily extend the licensed premise of the
On-Sale Liquor License issued to Final Final Brewing Co., LLC doing business as Union 32 Craft
House on August 1 to 5, 2019 at 2864 Highway 55.