The URL can be used to link to this page

02-525Retarn copy to: (BJE) Real Fstate Division 140 City Hall f t..''.�. ,.. � `•a , � �, RESOLUTION OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 1 WF�REAS, Minnesota L,aws of 1998, Chapter 404, Section 7, Subdivision 19 contains an 2 appropriauon to the Minnesota DNR for the Metro Greenways Program; and 3 4 WHEREAS, said 1948 Metro Greenways Program has aliocated $775,000.00 towud the purchase of 5 a conservation easement over part of the I.ower Phalen Creek site to be acquired by the City of Saint 6 Paul from the Burlington Northern Santa Fe Railroad as authorized under CF O1-1206; and 7 8 WHEREAS, said conservation easement will assure that the Lower Phalen Creek site remains 9 undeveloped and is restored over ume to a natural condition; and 10 11 WHEREAS, the City will utilize said Metro Greenways funds for land acquisiuon and natural 12 resource restoration costs for the Lower Phalen Creek BNSF site; now, therefore be it 13 14 15 16 17 18 19 RESOLVED, by the Council of the City of Saint Paul, that the Mayor and the proper City officials are hereby authorized and directed to enter into a conservation easement with the Minnesota Department of Natural Resources for part of the L,ower Phalen Creek site in a form and content substantially as set forth in the conseroation easement draft attached hereto, and convey said conservation easement to the Minnesota Department of Natural Resources and accept payment for same. Requested by: Technology & Management Services Department By: \.�� l� Parks and Recreauon Division By: �• 1;3Zrozt.�-cX Adopted by Council: Date � Adoption e •tified by Council��ec By: '� Appro b Mayor: Date �' By . .�f�si / �� Form Approved by City Attorney , .—a�=, /�/l�pN�. � �S' �i_ for Council Fyle # �. —Sa1.S Green Sheet # 111984 C T.M.S./REAL ESTATE DIVISION Date: May 24, 2002 Green Sh t Number: 111984 nfact Peison and Phone Nmiber. 2 EPARTM�NT a21GCT 4 C1TY COi7NCII, Q� �'� � Bruce Engelbrekt 266-8854 �'° 1 crr�ATro ( �rj , c�.E�ca a., UDGET DIILECl'OR FFICE OF FATANC7AL SVCS us[ be on Comd Age�a by_ ASAP 3 YOR (OR ASSISTANT) OTAL # OF SIGNATLIRE PAGES 1(CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: To authorize and direct t}ie proper City officials to enter into a conservation easement with the Minnesota Department of Natural Resources (DNR) for part of the Lower Phalen Creek site, to convey said easement to the DNR and accept payment for same. Reference: 1) resolution; 2) map; 3) easement agreement COMMEPIDA140NS: APPROVE (A) OR RF.IECT (R) �gSONAL SERVICE CONTRACTS MIJST ANSWER THE FOLLOWING: PLANNING COMNIISSION gfp ,TT, i. Has the person/Srm ever worked under a contrac[ for this deparNient? YES NO � s9,,,,�,��,��, IES NO QVII.SERVICECOMMISSION 18 �� t �� ;x �� r �� . Does this perso�6rmpossess a skill not norn�ally possessed by any YES NO �.� airrent CB COMhfI'PfRF employee? lain all YES auswers on a se azate sheet and attach. UPPORTS WHICH COUNCII.OBJECTIVE? ovivciL 6 nisTlucT g ` so ARD(S) —.y . _ .. .. � PLANNING COUNCIL `}(i43'l T7e1TING PROBLEM� ISS[JC� OPPORTUNITY (Who, What� Whety Where� Why?): ��` '�� / The 1998 Metro Greenways Program allocated $7Z5,000 toward the purchase of a conservation easement over part of the Lower Phalen CreeK site to be acquired by the City of Saint Paul from the BurGngton Northern Santa Fe Railroad as authorized under CF O1-1206. The conservation easement will assure that the Lower Phalen Creek site remains undevelo ed and is restored over time to a natural condition. VANTAGESIFAPPROVID: � � Besides assuring the undeveloped nature of the easement area for the enjoyment of park users for years to come, the easement also atlows the City to receive Metro Greenways funds for reduce the City's overall lan ac uisition and natural resource restoration costs for this ro'ect ISADVANTAGES IF APPROVCD: The easement will revent the Ci from ursuin other more active uses of the arkland. ISADVANTAGES IF NOT APPROVED: The cost to the City of acquiring and restoring this abandoned railroad site for park purposes will be sigi►ificantly greater without the Metro Greenways funding through this easement OTAL AMOUNT OF TRANSACTION: $']']$� COST/REVENUC BUDGETED (CII2CLE ONE) YES NO uvcsouxcE: MetroGreenwaysProgram AcTIV�TYNa�Ex: COl-3D030 ANC7AL INFORMATION: (ERPLAI� �ndin a roved under Minnesota Laws of 1998, Cha ter 404, SEction 7, Subdivision 19 G�SAP.RED�REAL WPdataWcquisifions�BmceWH2O01-06.LPCP.ConsEsm[.GS.hm . . .` :r 'a�.. �\ Fj'� � � �\ �� . �.�.. � ��.Si�r�-y ,}�} + ` � \� Tieti ;�t� a �\ \ \ � � : a �t}� '/7 ' a � � `� ` <i;i �,� �� l ._ '�.��+ ; I �1\� \ `, '�I ,o�� h ��f3 0 \ . S. r�`� � ��'C� �� t� \ ` � ?� { J' S'� `ti \ � . �?o ' \.. l. .� e l � S� ah . ; LL F p ��\�..`, ' � \ � t �,.� ` � �.� F. a� � o n q E l��a, ��:. ,� � __�a� c� z — � � / d�:?`� 1 � �>�`:.' A P \ \\�'. Z . �� o � �`� � l C 1 � � t . ` .� u� \� ��` j ��i _Y •� �- K J' � S` _ ::..>� \�\ t '.. rh � »'Y \ \ ' N A Z S O � '._ _ r�L .. j . \ �/ `� � �� :.1� � , i �� L,-11 �C J �� \�,_,. \ ) �- \ cL S- 9' '�' 5� �:\ Q 'a A `'�,' 's \ `��' � . o S� S ` `' `` ❑ . j , . ., `� �� ,�\ , � r' . �., "u . �. �, � Y v�+ _ 'S � � S - -,. � d j� th � �� :�. 4, � >�� S \ \ . : . �`:\ m 9 � S N y � � M � h�i �' 1:. � . ��'. K g � V � O' `/' f •�, . ��.�.,N p �; \sJ � ( \ i � 1 �' � -b ? 't m � - 0 - o �� Z Y + ` �J �=t . � � � ��' +� � � . �� ' w d' �z� .� � � 5T �� [! � � '\ :` '� �. �\ `\ � Z �� .0 Q., ,. , ,; � \. � .� o 'e.�s o �. s O ❑ � �1 fl.m s.�,i �4 � . ( - x \: � �t ❑ A � � � �� ' �� ° �z,'� r � �, d p O '� � .' ,.' � , �� 4 � ., .F�/ ..�`e��. a z l � � ��. ' �'�� ' . � K V �• r , . � �.� fl � ] � . \' < o ( m � �� ` � i 2 0 0 0� } � , �` _ � F. . c . � �`� �. � O zh +o ' � r ,�� r � ', ^� � `P �' a �'��. y � � �'�j �� l .� .� ��,+� °` � �� 'o � - ° o \ �� f' y \t �•� h� : � . ° �o � � � � � rt (/ ] � 'h' a � 3 z ' I.. ��I�� .� 3 ti,1'� , �� & �( ��I�cO��\\'�' h ` o0 oh � �, h � � , 4�_� n , �� _�. �� 1°�� °.�°m ea o 0 .., ., � / / (I / \ , i' � F � w o � �� y '\1 � X �� I . ' � ` � v � a 'b f �j 1, �� _ N . C � � d� 1 . d� 3 '�" � i � r� � `� � � \ �` \ � � l," . d'. � g(� �i\� ''i � i � � � `i 3 ��.P oea �+1. i �Z� `f � � .�� \4 \$ 7'1 , � ' � �� G � { I` �� 'tC\ ��.A � �� :i: I\ ik 1� � �,\� �'o o��, '{ � e �.o , o � ° �\��B�oaU o � ` F �� . � �� } +1 ' /i 1 � � � � � oo� � ' C� � � � o� ,� _ � h e �p� '. �,� � \ . `� a � Po.t , . �� . o o >�a. ' s } v i 1 ��, Q '^� \� Z \ x � �.� �0 9o �`� /i t �' d' l ci \ � = l � a � °�'�'`.. �"� \\ Q � � � i � * �`�� ` - I i \. ��,pl,),:�„ �, � ' . • i, p �� GJ �N� - �i� o . � � . "1 �� V � \ . 1 Trh '. ' � � \ I � ' , 1 �.f f 5 � I � .. �r o � � } � a ..r � ''o.� 3 x,�°a �#�i�� _ �' X �a� `r ��` \� , �� ` ° o Q 6 � % u � � I . ' . -- 6 \ � �t' � !�. k"o l � g ° � ' � ° °'t ��„' i �, ��:�� 9 '�. �� s��, '��h ��Y 1 � g� � �� \� J� 1 `\ i�§} � z rhm � � ��; � '�� Y � ^eY 1 1 �t h . � / j t�t \.••' �� P / �{ � lii i 1 � � Q . // i�i �U 7 ; .�1I ol•. � ;. I� ^'" ��/�` � - fL 1 \ �� a i r �1% , �;i t. � ,�� . � � •�e � � »o C ��.; � � � , 1 ii:�^;:• � � '.�� LL'� � l,l � N � ��° � � I : �1 ii�' /�kn-- % n' '. i r -�I �N�� '� 1 �J�� ' I k �. .� .t // / i�U� o I ' � � �� \� � � �� . �� i �� f IO Z � �F-1„I.� �� '�- ,. �J C' �n i "I . -) � �^�.. ;.i ��,_ ' �� . � � i•� ��- o �� d'' ir;,,,a`,�et o @ � - - �C�yj.��; �' - '�i �' —� sah , � !� � ��' �i ��yT �'-^� �`� �� t �� z i � 41`� � ' 1 t ° `Y /V �' `Incl �� \� �_ J. � � h . i u o u u ° ` qh't4 9�O`l'l3�! = Q u a u� a al,� n u n o 0 0 ! � \ \\ �+;'., , , � •' \�.�� '�� /./ � �n � / z r.Y �� \\ � U " �= � 94 � t '�,� \ y \ � 1 1� sF-g� �' s , f ��. . �� \ � � '.r-.�oez �,-: � /l �� ❑ l �e. I . �`''a �-�,, . � �" � l � � : ' 9 ��'" wF : �j' .'s r' 1 � U � �`�� ' � �!'f �1$� . '�h ' . :\ � i .�s� a r,t '�� , , ry ,_ ,� € i � �� ,�� _ �a. ::,,:�`� ° t• � �� ' �' y /- �./ fJ I CJ� C� \ \ �'� ��oo`I� �C7 \ a R M � �/ l�� \ ./; �`� h 1 � � b 4 `/ \_�% � . . � i 7 D�Y� � �s-�__'� ❑ �n �\\' P. / \a rr ;r, / ` •�� > c - :____.__ { � � J� � ) j j� J � �I�� (�.� / a } a � -'� I ❑�_:��-. \% . \\�\�`: (" Z I4 \ / ' ,/�szt \\�\C��;�='\z4 _ ��tl __: �._..'=a_". �. oa.-s�.s PINAL (Above Space is Reserved for Recording Information) CONSERVATION EASEMENT �. . ...; �.� -�' � � �, �.��- .__,- �;«.Jaa��_'�^*1 �..� +�e- �...o A v THIS CONSERVATION EASEMENT is made this day of May, 2002, by and between the C4TY OF St. Paul, a body politic and corporate, Grantor, and the STATE OF MINNESOTA, a sovereign body, Grantee. BACKGROUND 1. Grantor is the owner of real property, ("Protected Property"), in Ramsey County, Minnesota, which is described in Exhibit A. The Protected Property is approximately 17 acres in size. 2. Portions of the Protected Property are currently brownfields, in a degraded state, however there are important ecological and aesthetic values associated with this property. 3. The natural, scenic, and ecological qualities and forested, and open space character ("Conservation Values") of the Protected Property are set forth in the Property Report dated , 2002, which the parties acknowledge accurately represents the present condition of the Protected Property. Each of the parties has a copy of the Property Report. The Grantees intend to use the Property Report as the basis for monitoring subsequent uses of the Protected Property and enforcing the terms of this Conservation Easement. Notwithstanding this, the parties may use all other relevant evidence to establish the present condition of the Protected Property in the event of a disagreement as to whether a subsequent activity or use is consistent with the terms ofi this Conservation Easement. 4. The State of Minnesota is c�uali4ied to acquire and hold conservation easements under Section 170(h)(3) of the Internal Revenue Code of 1986, any amendments and any regulations promulgated there under and under Minnesota Statutes Chapter 84C and § 84.64. 5. The Legislature of the State of Minnesota (hereinafter "Legislature") authorizes the State of Minnesota and counties thereof, as well as nonprofit organizations, to preserve, acquire or hold lands for open-space uses, which specifically include farmland, wetlands, native or restored prairie, or lands deemed critical to protecting soil, water quality, and enhancing fish and wildlife habitat; and that actions pursuant to these purposes are for the public health, safety, and general welfare of the citizens of the State of Minnesota and for the promotion of sound land development by preserving suitabie open spaces. 6. The Legislature has declared that public open-space benefits result from the pratection and conservation of natural areas including the protection of scenic areas for public visual enjoyment from public rights-of-way; that the conservation and protection of restored natural areas as valued natural and ecological resources provide needed open spaces for clean air as well as for aesthetic purposes; and that public benefit will result from the conservation, protection, development and improvement of restored -1- natural areas. � ' � .� . .., - d! ^ - . A f. � ' 7. Grantee, through its Department of Natural Resources, shall protect in perpetuity, natural areas and ecologically significant land for aesthetic, scientific, and educational purposes and pursuant to the terms of this Conservation Easement. 8. Grantee has declared that the preservation of open-space is vital to the public interest of the State of Minnesota through iYs economic, environmental, cultural and scenic benefits. 9. Grantee agrees by acquiring this grant of easement to honor and defend the intentions of Grantor stated herein and to preserve and protect in perpetuity the open-space values of the Protected Property for the benefit of this generation and the generations to come. 10. Grantor desires and inte�ds that the open-space character of the Protected Property be preserved, protected and maintained in perpetuity. 11. Grantor desires and intends to place restrictions upon the use of the Protected Property and by executing this Conservation Easement, Grantor creates a conservation easement, on, over and across the Protected Property and grants, affirmative rights to ensure the preservation of the natural elements and values of the Protected Property and to protect and maintain its native plant communities and native animal populations. 12. Grantor intends to convey to Grantee the right to protect the ecological values of the Protected Property in perpetuity and to prevent or to remedy activities or uses that are inconsistent with the terms of the Conservation Easement. CONVEYANCE NOW, THEREFORE, the Grantor, in consideration of the sum Seven Hundred and Seventy-five Thousand Dollars ($775,000) to it in hand paid by the said Grantees, the receipt whereof is hereby acknowledged, and pursuant to Minnesota Statutes Chapter 84C and Section 84.64, and other applicable Minnesota laws, does hereby grant and convey to ihe Grantee, their successors and assigns, forever, a Conservation Easement in perpetuity over the Protected Property subject to the following rights and restrictions: AfF{RMATIVE RIGHTS The Grantor conveys to the Grantee a�d their successors and assigns the following rights: The right to enforce by proceedings, at Iaw or in equity, the covenants contained in this Conservation Easement. This right shall include, but shall not be limited to, the right to bring an action in any court of competent jurisdiction to enforce the terms of this Conservation Easement; to require the restoration of the Protected Property to its prior or more naturaf condition; to enjoin such non-compfia�ce by temporery or permanent injunction; and to recover any damages arising from such non-compliance. Such damages, when recovered, may be applied by the Grantee, in their discretion, to corrective action on the Protected Property, if necessary. If such court determines that the Grantor has failed to comply with this Conservation Easement or the Management Plan, Grantor shall reimburse Grantee for any reasonable costs of enforcement, including costs of restoration, court costs, and reasonable attorney's fees, in addition to any other payments ordered by such court. 2. If the Grantee becomes aware of an event or circumstance of non-compliance with the terms and conditions set forth in this Conservation Easement, the Grantee shall give written notice to the Grantor, its successors or assigns, at the address set forth below, of such event or circumstance of non-compliance and restore the Protected Property to its previous condition. Failure by the Grantor, its successors or assigns, to cause discontinuance, abatement or such other corrective action as may be requested by the -2- �� a a�.-sas Grantees within thirty (30) days after receipt of notice, shall entite��a ee action as authorized in this Conservation Easement. 3. The Grantee does not waive or forfeit the right to take action as may be necessary to insure compliance with the covenants and purposes of this Conservation Easement on the Protected Property by any failure to act, Grantor waives any defense of laches with respect to any delay by the Grantee in acting to enforce any of the provisions or exercise any rights under this Conservation Easement. 4. Nothing in this Conseroation Easement shall be construed to entitle the Grantee to institute any enforcement proceeding against the Grantor for any changes to the Protected Property due to causes beyond the Grantor's control, such as changes caused by fire, flood, storm, civil authorities undertaking emergency action or third parties not under the control or supervision of, or not acting with the consent of, the Grantor. 5. The right of designated representatives of the Grantee to enter the Protected Property in a reasonable manner to conduct monitoring, management evaluations and activities and determine easement compliance is recognized. The Grantee shall give reasonable prior notice to Grantor of all such entries and shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Protected Property. Each party agrees that it will be responsible for its own acts and the results thereof and shall not be responsible for the acis of the other party and the results thereof. Each party therefore agrees that it wiif assume all risk and liability for itself, its agents or employees for any injury to persons or property resulting in any manner from the conduct of its own operations and operations of its agents or employees under this agreement, and for any loss, cost, damage, or expense resultang at any time from failure to exercise proper precautions, of or by itself or its own agents or its own employees. The State's liability shall be governed by the provisions the Minnesota Tort Claims Act, Minn. Stat. ' 3.736, and other applicabie law. Tfie liability ot the Grantor shafl be governed by the provisions the Minnesota Municipal Liability Tort Act, Minn. Stat. ' 466.04, and other applicable law. 6. The Grantee, in addition to other remedies, shall have the right to report any environmental concerns or conditions or any actual or potential violations of any environmental or other laws to appropriate regulatory or law enforcement agencies. The Grantee shall notify the Grantor at the same time it notifies any appropriate authority notified pursuant to this section. RESERVED RIGHTS Grantor reserves for the Grantor and its successors and assigns, all rights as owner of the Protected Property, except the right to undertake any activities which are expressly and specifically prohibited by this Conservation Easement or which are inconsistent with or detrimental to the protective purposes of this Conservation Easement. 8. Grantor agrees to notify the Grantee, in writing, before exercising any reserved right which may have an adverse impact on the natural characteristics or ecological and aesthetic features of the Protected Property protected by this Conservation easement. COVENANTS tN FURTHERANCE of the foregoing affirmative rights, Gra�tor intends that rights under this Conservation Easement conveyed to the Grantee on behalf of the public shall continue to exist in perpetuity. Grantor makes the following covenants on behalf of the Grantor, its successors and assigns, which covenants shall run with and bind the Protected Property in perpetuity: Manaqement Plan 1. AII natural resource management practices on the Protected Property including implementation shall be in accordance with a Natural Resource Management Plan (Management Plan). The Management Plan may be revised or modified by written agreement of the Grantor and Grantee. Grantor and Grantee will retain a copy of the Management Plan. -3- ,� � -, � �� , ,� � �,.. . . Residential Commercial and Industrial Uses 2. Grantor shali not subdivide, either legally or physically, the Protected Property for any reason without the prior written approval of the Grantee. 3. No devefopment rights in or to the Protected Property, or any part thereof which have been encumbered or extinguished by this Conservation Easement shall be transferred to any location outside the Protected Property, whether pursuant to a cluster development plan or any other agreement or plan for transferable development rights. 4. There shall be no residential, industrial, or commercial activity undertaken or allowed. No right of passage across or upon the Protected Property shall be allowed or granted, if that right of passage is used in conjunction with residential, industrial, or commercial activity. 5. No portion of the protected property shall be used to satisfy land area requirements for other property not subject to this Conservation Easement for purposes of calculating buiiding density, Iot coverage, or open space under otherwise applicable Iaws, regulations, or ordinances controlling land use. Construction 6. There shall be no construction or placing of any house, garage, barn, mobile home, or other buildings on the Protected Property except as specifically allowed in the Manageme�t Plan. There shall be no consUuction or installation of poles, antenna, lights, towers, water tower, utility lines, piping, and any other temporary or permanent structures on the Protected Property. There shall be no construction or installation of roads or parking lots of asphafl, bituminous, gravef, concrete or other materials on the Protected Property. There shall be no permanent or temporary fencing except as specifically allowed in the Management Plan Water Bodies and Courses 7. There shall be no manipulation or alteration of surface or subsurface springs or other bodies of water or any activities on or uses of the Protected Property detrimental to water purity or quantity. Wetland creation or restoration may be allowed under the Management Pfan. Recreational Use 8. There shall be no trails established or maintained on the Protected Property except for those specifically allowed in the Management Plan. 9. There shall be no operation of snowmobiles, dune 6uggies, motorcycles, all-terrain vehicles, or any other types of motorized vehicies on the Protected Property except for administrative, emergency, and management purposes. 10. The protected property may be used for hiking, cross country skiing, nature observation and other similar, low-impact, educational and recreational programs or activities. Surface Afteration 11. The commercial extraction of minerals by surface mining and the extraction and removal of topsoil from the Protected Property is prohibited. The extraction of subsurface of deep- mined minerals from the Protected Property, including natural gas and oil, and the noncommercial extraction of minerals, including limestone, shale, gravel, sand and other minerals is prohibited. 12. There shall be no change of the topography of the Protected Property in any manner except as reasonabfy required in the course of activities or uses in accordance with the Management Plan. � Y �: -n � � � dI�' S3''r DA'�� Waste Removal —� 13. Use of the Protected Property for dumping, storage, processing or landfill of solid or hazardous wastes generated is prohibited, including, without limitation, municipal sewage sludge and/or bio-solids application. Siuns 14. Commercial signs, billboards, and outdoor advertising structures may not be displayed on the Protected Properiy. However, information signage is permitted, subject to the following conditions: The combined area of any signs may not exceed fifty (50) square feet, and the signage is limited to the following purposes: 1. Displaying the name of the Protected Property; 2. Announcing the existence of this Conservation Easement; 3. Providing interpretive and directional information 4. Providing the name and address of the Grantor and Grantee; 5. Delineating the boundaries of the Protected Property in order to prohibit trespass or non-permitted activities; 6. Providing information with regard to on-site uses and activities permitted by this easement which approval will not be unreasonably withheld, conditioned or delayed. For all signs permitted by this paragraph, the location, number, size and design must not significantly diminish the natural and scenic qualities of the Protected Property and must be approved by the Grantee. Trees, Shrubs and Veaetation 75. There shall be no removal, destroying, burning, cutting, mowing or altering of trees, shrubs, and other vegetation except to prevent or control insects, noxious weeds, invasive species, diseases, personal in}ury, or property damage. Activities that enhance wildlife habitat or restore native biological communities must be in accordance with the Management Plan. Pesticides and Herbicides 16. There shall be no application of pesticides or herbicides on the Protected Property except those that are necessary as part of approved agricultural use and management practices specified within the Management Plan. Animais 17. There shall be no livestock, feedlots, domestic or non-native animals permitted on the Protected Property. There shall be no hunting or trapping of animals except as necessary to keep animal populations within the numbers consistent with the ecological balance of the Protected Property in accordance with the Management Plan. Aqricultural Use 18. There shal( be no tilling or plowing or use of the Protected Properiy for commercial cultivation of crops. Exotic Species Introduction 19. There shall be no plant or animal species introduced on the Protected Property except those native species that are consistent with the protective purposes of this Conservation Easement and consistent with the Management Plan. Archaeoloqical / Historicai tnvestiaations and Interpretation 20. It is acknowledged that there are potential historicai and archaeological resources located within the area defined by this Conservation Easement. Any and all archaeological and historic investigations and interpretaiion must be conducted in an ecologically and permanently non-disruptive manner as practicable. Any requested and approved site disturbance must be completed within five years of execution of this Conservation Easement. No more than 10% of the total Iand area may be disturbed at one time. Areas that have been or are in the process of being restored which are disrupted by historic / archaeological activities must be restored to native habitat componerrts as per the -5- � � , ,$.� $ " -:Y.£J` �✓�' 4 � '+• ��J�� F�ATE Management Plan as soon as all important historic and archaeological data/ artifacts have been recovered. Should permanent excavation or historic interpretation that causes disruption to habitat within the Conservation Easement be deemed necessary, the Grantor must provide suitable replacement habitat. The Grantor and Grantee will determine the need for, and suitability of, replacement habitat jointly. Prior to major disruptions the Management Plan must be revised to set forth procedures and standards for these activities. GENERAL PROVISIONS �. This Conservation Easement shall run with and burden the Protected Property in perpetuity and shall bind and inure to the benefit of the Grantor, it's successors and assigns, and any and all other successors to it in interest and the Grantee, their successors and assigns. 2. Grantor shall pay all taxes and assessments levied against the Protected Property including any taxes or assessments levied against the interest of the Grantee established by this Conservation Easement. The Grantee may, but is not obligated to, make any payment of taxes or assessments levied against the Protected Property or the interest established by this Conservation Easement and shall have a right of reimbursement against Grantor etc. for such amounts. 3. The Grantor agrees that the terms, conditions, restrictions, and purposes of this Conservation Easement will be referenced by the Grantor in any subsequent deed or other legal instrument by which the Grantor transfers or divests the Grantor of all or any part of the Grantor s interest in the Protected Property, and that the Grantor etc. will give the Grantee written notice of any such transfer within frfteen (15) days after closing. 4. Any notice required in this Conservatiort Easement shall be sent by certified mail, return receipt requested, to the following addresses or such address as may be subsequently specified by notice in writing, and the Party of Record at the address of record in the Ramsey County Recorder's Office Grantee State of Minnesota Department of Natural Resources Metro Regional Rdministration 1200 Warner Road St. Paul, MN 55104 Grantor City of St. Paul Attn: Park and Recreation Director 300 City Hall Annex 25 West Fourth St. St. Paul, MN 55102 5. If any provision of this Conservation Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Conservation Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invafid shaff be affecled thereby. 6. This Conservation Easement shall be governed by the laws ot the State of Minnesota. 7. The terms "Grantor" and "Graniee" as used in this Consetvation Easement sfiall be deemed to include with respect to Grantor, its successors and assigns; and with respect to the Grantee, its successors and assigns. 8. The Grantee may assign or transfer this Conservation Easement and the rights conveyed herein, provided that (1) the Grantee requires, as a conditio� of such transfer, ihat tfie original conservation purposes of this Conservation Easement continue to be carried out in perpetuity; and (2) any assignment is made only to an organization qualified to acquire or hold a conservation easement at the time of the transfer under the provisions of Section 170(h)(3) of the Internal Revenue Code of 1986, as it may be amended from time to time, and any regulations promulgated there under. This Conservation Easement is fully valid and enforceabie by any assignee or successor of the Grantee, whether assigned in whole or in part. -6- �a � � � �� l�:. A�^. ��BT� -� 9. The Grantor's and Grantee's rights and obligations under this Conservation ��,..5�� Easement terminate upon transfer or termination of their respective interest in the easement or the Protected Property provided that any liability for acts or omissio�s occurring prior to the transfer or termination will survive that transfer or termination. Nothing in this paragraph is deemed to alter or amend the remaining terms of the conservation easement in the event of a transfer of interest. 10. This Conservation Easement may be amended only in the event of unanticipated circumstances not specifically addressed by this Conservation easement and only in the sole and exclusive judgment of the grantee that such an amendment: i) furthers the purpose of this Conservation Easement, ii) is not inconsistent with and will not adversely impact the conservation values protected by this Gonservation Easement, iii) does not affect the perpetual duration of the Conservation Easement, or iv) does not affect the validity of the Conservation Easement under Minnesota law. 11. If circumstances arise in the future such as to render the purposes of this easement impossible to accomplish, this easement can only be terminated or extinguished, whether in who�e or in part, byjudicial proceedings in a court of competent jurisdiciion or by agreement executed by the parties, their successors or assigns. 12. Each party agrees that it will be responsible for its own acts and the results therefore and will not be responsible for the acts of lhe olher party and the result thereof. Each pariy therefore agrees that it wi41 assume afl risk and liability for itself, its agents or employees for an injury to persons or property resulting in any manner from the conduct of its own operations and operations of its agents or employees under this agreement, and for any loss, costs, damage, or expense resulting at any time from failure to exercise proper precautions, of or by itself or its agents or its own employees. The State's liability will be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statute 3.736 and other applicable law. 13. The Grantor relains all resportsibilities and shafl bear a11 costs a�d liabilities of any kind related to the ownership, operation and maintenance of the Protected Property 14. The Grantor agrees that the conveyance of the perpetual Conservation Easement gives rise io a property right, immediatefy vested in the Grantee, with the fair market value that is at least equal to the proportionate value that the Conservation Easement, at the time of the conveyance, bears to the value of Protected Property as a whole at that time. The proportionate value of the Grantee's property rights will remain constant. 15. This Conservation Easement may be terminated or extinguished, whether in whole or in part, byjudicial proceedings in a court of competentjurisdiction or bywritten agreement executed by both parties, their successors or assigns. If a subsequent unexpected change in the conditions of or surrounding the Protected Property makes it impossible or impracticai for ihe continued use of the Protected Property for conservation purposes described herein, and if the restrictions of this Conservation Easement are extinguished, in v✓nole or in part, by judicial proceedings, upon the sale, exchange or involuntary conversion of the Protected Property, the Grantee will be entitled to a portion of the proceeds at least equal to the proportionate value of the Conservation Easement cited in the preceding provision. The proportionate value of the Grantee's property rights will remain constant. 16. On its own behalf and as attorney-in-fact for the Grantee, the Grantor may execute, acknowfedge, and record or file any instruments necessary 10 assure the perpetual enforceability of this Conservation Easement. 17. This document sets forth the entire agreement of the parties with respect to this Conservation easement and supercedes all prior discussions or understandings. -�- �� , � _ CITY OF ST. PAUL B its: Mayor By: IYs: Director, Technology and Management Services By: It's: Director, Parks and Recreation Approved as to form: �� oa -�� Date Date Date By: IYs: City Attorney Date The foregoing Conservation Easement was acknowledged before me this day of May, 2002 by of the City of St. Paul. Notary Public �� G� _S �' STATE OF MINNESOTA DEPARTMENT OF NATUR.4L RESOURCES By: JAMES E. LAWLER, Assistant Direcior Division of Lands and Minerals Department of Natural Resources �' .� ;;t'_" �s', ": � � � a. � ..: - - , . .�—^,—.++�. STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _ day of May, 2002 by JAMES E. LAWLER, Assistant Director of the Division of Lands and Minerals, Department of Natural Resources, on behalf of the State of Minnesota. Notary Public � 03-fa Approved as to form and execution: Assistant Attorney General Date � '`�'.D� r_. .- "y' - �`f_ 4y� �� >3 �i� �� i `��R� Drafted by: State of Minnesota Department of Natural Resources Metro Regional Administration 1200 Warner Road St. Paul, Minnesota 55106 -10-