07-51Return copy to: (BJE)
PWlTechnical Services — Real Estate
1000 City Hall Annex
Presented By
Council FYIe # Q7 � J
Green Sheet #
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
�1
Referred to Committee: Date
2 WHEREAS, on November 22, 2002, the City of Saint Paul acquired a 27-acre parcel of land from the
3 Burlington Northem and Santa Fe Railway Company for the purpose of developing a new city park known
a as the Bruce Vento Nature Sanctuary ("Sanctuazy"); and
6 WHEREAS, in conjuncuon with the land acquisition, the City also conveyed a Conservation Easement
� ("EasemenP') to the Minnesota Department of Natural Resources ("DNR") to assist in the financing of the
s acquisition and to preserve a lazge portion of the Sanctuary in a more natural state; and
10 WHEREAS, subsequent to the acquisition and development of the Sanctuary, the local community, the
11 Parks and Recreation Division and the DNR determined that the placement of interpretive and directional
12 signage within the Easement area would benefit visitors to the Sanctuuy; and
13
1n WHEREAS, the Easement in its present form does not permit the display of such signage; and
15
16 WHEREAS, the DNR has proposed an amendment to the Easement authorizing the desired signage within
17 the Easement area, as provided in the Amendment to Conservation Easement, attached as Exhibit "A";
18
19 WHEREAS, a11 other provisions in the Easement shall remain in full force and effect; now, therefore be it
20
21 RESOLVED, that the Mayor and Council of the City of Saint Paul do hereby approve the Amendment to
22 Conservation Easement, attached as Eshibit "A", and authorize the proper city officials to execute said
23 Easement and record it with the Ramsey County Recorder's Office.
2 4
Requested by the Division of:
' .i� .- �
Bv: __-!%L��.�• ,�/�,�%i-��X
Director
Adopted by Council: Date ��aS��U�
Adoption Certifi d by C cil Secretary
By: �S
Approved b a •: Date �
By:
Form
I�
I�
by City
for Submission to Council
3036090
G.V2ea1 FstateWcquismons�Parks and Recrwtlon�I.owerPha]enCreek_Ven[o\Cons&mt Amendmen2l.ResoluAOn.doc
25
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�7- Jr�
pW —Publicworks
ConWct Person 8� Phone:
Bmce Engelbrekt
266-8854
must �se on,c:oundl wgen
; 24JAN-07
Doc. Type: RESOLUTION
E-Document Required: Y
Document Contact: Bmce Engelbrekt
Contact Phone: 266-8854
70.1AN-07
� o
Assign 1
Number 2
for
Routing 3
Order 4
Total # ot Signature Pages _(Ctip Alt Locations for Signature)
Green Sheet NO: 3036090
arksandRecreation De artlnentDirector
ouncit
' Clerk Ci Clerk
Approval of resolu6on authorizing the execuflon of a signage amendment to the Consezvation Easement ganted to the Minnesota
Depaztmeut of Natural Resources for the Bruce Vento Nacure Sanctuary.
itlanons: Approve (A) or Heject (H): Personai sernce contracts Must Answer tne Followmg �7uestions:
Planning Commission t Has this persoNfirm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this person/firm possess a skill no[ normally possessed by any
current city employee?
Yes No
F�cplain all yes answers on Separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Whq What, When, Where, Why):
The exisang Conservafion Easement, granted by the City to the DNR on 11/22/02, does not allow for direcflonal and interpretive
signage. The local community, Pazks & Rec staff and the DNR all agree tt�e added signage would be of benefit to users of the
Sanctuary. This resolufion would authorize the execufion and recording of an amendment ro[he Easement that would permi[ the
desired signage.
Advan W ges If Approved:
The desired signage may be placed within the Sanctuary and Easement area.
JAM 1 7 2007
Disadva�tages If Approved:
None
Disadvantages If Not Approved:
The desired signage would not be pernutted within the Easement area and would not benefit users of the park.
�`��i9C��` �'��i�-�o- ��
Transaction: $
Punding Source:
CosURevenue Budgeted:
Activity Number:
�a� �. �r
Financial Information: The only costs associated with this amendmen[ would be normal cou�ry recording fees.
(ExPlain) � �� � � �
January 10, 20079:53AM Page 1 �.99� �������
D7
.�x I�'� 6;� ��
„
G&F
AMENDMENT TO CONSERVATION EASEMENT
Tf� C1TX OF SAINT PAUL, a body polific and corporate under the laws of the State of Minnesota ("Grantor"),
and the STATE OF MINNESOTA ("State"), a sovereign body, have entered into this Amendment to Conservafion
Easement ("Amendment") as of the _ day of , 2007.
A. Grantor and State entered into that certain Conservation Easemem dated November 22, 2002, and
recorded on November 27, 2002, as Document No. 3558591 in the County Recorder's O�ce of Ramsey County,
Minnesota, and as Document No. in the Registraz of Titles O�ce of Ramsey County, Minnesota
("Conservation Easemem").
B. The parties have agreed to amend the Conservation Easemern to allow for additional interpretaflve
signage due to the kustozic significance of the Protected Property described on Exhibit A.
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Section 14 of the Conservation Easement enfltled Signs is hereby deleted and replaced in its
entirety with the following language:
Commercial signs, bIllboards, and outdoor adverflsing structures may not be displayed on the Protected
Property. However, informational signage lunited to the following purposes is pernutted:
a. Displaying the name of the Protected Property;
b. Announcing the e�stence of this Conservation Easement;
c. Providing interpretive and directional information;
d. Providing the name and address of the Grantor and Grantee;
e. Delineafing the boundaries of the Protected Property in order to prohibit trespass or non-
pernutted activities; and
f. Providing information with regard to on-site uses and acfivi6es pernutted by this easement.
For all signs permitted by ttus paragraph, the location, number, size and design must be approved in
writing by the Grantee and must not significanfly diminish the natural and scenic qualities of the
Frotected Froperty.
2. Except as set forth herein, the Conservation Easement is raflfied and confirmed in all respects.
Page 1 of 3
o�-s�
IN WITNESS WHEItEOF, the parties have executed this Amendment to Conservation Easement ttris
. 2007.
CTI'Y OF SAINT PAUL
By: _
Its Mayor
By:
Its City Clerk
By:
Its Director of Financial Services
STATE OF MINNESOTA
COUNTY OF RAMSEY
)
) ss.
)
The foregoing Conservation Easement was acknowledged before me this .
by and
Mayor, City Clerk and Director of Financial Services of the City of S2int Paul.
Notary Public
Approved as to form and execution
�
Saint Paul City Attorney
Dated:
day of
day of
2007
, the
—��
�
Page 2 of 3
D7-,�/
ACCEPTANCE
The foregoing Amendment to Conservation Easement is hereby duly accepted by the State of Minnesota,
Department of Naturai Resources on this _ day of , 2007.
STATE OF MINNESOTA
DEPARTMENT OF NATURAL RESOURCES
�
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
David J. Olson, Assistant Director of the Lands and
Minerals Division, Depazhnent of Natural Resources
The foregoing instrument was acknowledged before me this day of , 2007, by
DAVID d. OLSON, Assistant Director of the Division of Lands and Minerals, on behalf of the State of Minnesota,
Department of Natural Resources.
Notary Public
Ttus document was drafted by:
JILL SCHLICK
Assistant Attomey Generai
445 Minnesota St., #900
St. Paul, MN 55101-2127
AG: #1698208-v1
Page 3 of 3
o7-�t
EXHIBIT A
An easement over aud across rhose parts of Ehe following described property:
TORRENSPROPERTY
BIock 50, Lyman Daycon's Addition ta the City of St Paul, bounded as follows, to-wit
Commencing at a point in the easterly boundary line of said Block fi0, 30Q feet from the
northeasterly comer of said BIock b0; thence Southeasterly on said easteriy boundary line of
said Block 50 to a point in said easterly boundary of said Block 60 where the northerly line of
land farmerly owned by William Branch and Jacob FI. Stewart as described iu Book 103 of
Deeds, paoe 407 of the land records of said County of Ramsey, intersects said easterly
boundary line of said Block b0; tltence in a westerly direction on said I3ortherly boundary
line of said land formerly owned by said William Branch and Jacob H. Stewart to its point of
intersection with the southerly boundary line of the land now ar formerIy owned by William
ConsYans in said Block 60; thence in an easterly dire�tion on the aforesaid southerly 6oundary
line of said land, now or formerFy owned by said William Constans in said Block 60 and at
right angles to said easterly boundary line of said Block 60 to the point of beginning.
And
All that piece or pazcel of land sitvated in the City of St. Paul, described as follews:
Beauuvng at a point in the center of Essex Street, where it is intersected by the southwesterly
Iine of Commerciat Street; running thence in a southwesteriy direcGon along the center of
Essex Street, 4d0 feet, more or less, to its intersecuon with the northeasterly line of Canat
Sueet; thence in a southeasterly direcfion along the northeasterly line of Canal Street, 215.93
feet, more or less, to a point an the northeasterly line of Canal Street, J25 feet northwest of
the south corner of Block 52, Lyman Dayton's Addition to the City of St. Paul; thence in a
northeasterly direction along a strai ght fine commonly known as the northwesterly ]ine of
said BIock 52, 42039 feet, more or less, to a point on the southwesterly line of Commercial
Sireet, which is the north comer of Lot 1 in said Block 52, aztd is 253.50 feet northwest of the
east comer of said Block 52; thence in a northwesterly direction along the southwesterly line
of Commercial Street 105.52 feet to the angle in Couunercial Street; thence continuing along
the southwesterly line of Commercial Street in a narthwesterly direction 1 t 8.73 feet, more or
less, to the place of be nin said above described premises being desi�ated on the plat of
Lyman Dayton's Addiflon to St. Paul as "Sanford's Mill Property."
And
That other piece of land lying and being in said Counry of Racusey described as follows, to-
wit: Cammencing at a point on the southwesterly line of said Commetcial3treet where said
line is intersected by the line dividing Lot i, Block 52, Lyman Dayton's AQdition aforesaid
from Sanford's Miil Property as aforesaid; thence running atong the said southwesteriy line of
said Commerciai Street in a southeasterly direcfion 80 feet; thance running southwesterly on
a line pazallel with the southeasterly liae of Sanford's Mill Property aforesaid and distant 80
feet therefrom 106 Y/2 feet; thence northwesterIy on a line parallel with said southwesterly
o�-s�
line of said Commercial Street 80 fee� to said southeasterly line of Sanford's Mili Propercy
aforesai@; thence northeasterly on the last na�ned line 1�6 i!2 feet to the point of beginning;
said premises being the same sometimes called and known as Lot 1, BIock 52, Lyman
Dayton's Addirion to the City of St. Paul.
�.
I,ot 2, Block 52, Lyman Dayton's Addition to ihe Ciry of 5t. Paul.
- �.
AS3TRACT PROPEI�TY
That portion of Biocks 40, 41, 42, 43, 52, 60, 61, 65 and 66 of Lyman Dayton's Addition ta
the City of St. Paul, Minnesota; that poztion of Ames & Hoyt's Mill property and Sanford's
ivlill praperiy of Lyman Dayton's Addition; that gortion af Short Street, Cherry Street,
Conway Street, Commercial Street and those vacated streets being Prospect Street, Essex
Street, Ames Street and Canal Street of Lyman Dayton's Addivon; that portion of the Frefl
Althens Subdivision of Block 61 of Lyman Day#on's Addition to the Ciry of St. Paul; that _
portion of Government Lot 2 of Secrion 5, T28N, R22W, and rhe S� 1!4 of Section 32,
T29N, R22W, 4th P.M., Ramsey Counry, Minnesota. ��
i
Which lie southwesteriy of a line described as commencing at the Northeast corner of said E
Section 5; thence South 0 dearees 56 minutes 19 seconds East, assnmed bearing, along the East �
line of said Section 5, a distance of 200.00 feet; thence North 52 degrees 37 minutes 28 seconds
West, a distance of 154.24 feet atong a line which, if extended, would intexsect ihe North line of
said Sec6on 5 at a point distant 255.00 feet west of said Northeast corner af Section 5 to rhe
point of be�inning of said line to he describefl; thence Narrhwesteriy to a point on the North line
of said Section 5 distant 255A feet Westerly of said I3artheast corner of Sectian 5, as measured
along said Nor[h line; thence continuing Northwesterly to a point on the Northwest line of said
Block 65 distant 230A feet Southwesterly of the most Northerly comer thereof, as measured ;�
along said Northwest line; thence I3ariheasteriy along said Northwest line of Block 65 a distance ;
of 40.0 feet; thenee Northwesterly along a straight line to the Tme Point of Beginning of the i
hereinafter described Line °A"; thence northwesterIy along said Line "A" a distance of 95.4 feet ;
thence Northwesterly along a straight Iine to a point on the Northwest line of said Biock 61
distant 280.6 feet Southwesterly of the most Northerly corner thereof, as measvred aIong said
Northwest line; thence Southwesterly along said Nozthwest fine of Block 61 a distance of 73.4 =
feet to the most Northwesterly comer thereof; thence Southeasterly along the Southwesterly line �
of said BIock 61 to the point of intersection with the hereinafter described Line "B"; thence
Northwesterly atong said Line "B" to the Sontheasterly corner of Lat 16 of said Block 60 of
Lyman Dayton's Additian; thence 1Vorthwesterly along the Southwest right-of-way ]ine of said
Commercial Street a distance of 725.02 feet to an angle point in said right-of-way line; thence
coutinuing Northwesterly atong said Southwest right-of-way Iine of Commercial Street a distance
of 1893 feet; thence Southwesterly, deflecung 91 °38' to the left, along the Southeast line of those
certain premises conveyed by the Great Nor[hem Railway Company and the Northern Pac�c
Railway Company to the Pintsch Compressing Company by Warranty Deed dated February 2$, ;
1916, a distance of 151.23 feet; thence Northwesterly along the Southwest line of said premises i
o�-�'I
conveyed to Pintsch Compressing Company a distance of 134.46 feet; thence Southwesterly
along the Southwesterly extensioa of the Northwest line of said premises conveyed to Pintsch
Compressing Company a distance of i'7.0 feet; thence Northwesterly along a straight line
hereinafter refened to as Line "C", a distance of 594.83 feet ta a point on the Southeast right-of-
way line of East 3rd Street, as now located and eonstructed, distant 194.0 feet Southwesterly
from the point o€ intersection of said Southeast right-of-wap line of East 3rd Street and the
Southwest ri�t-of-way line of said Com�nercial Street, as measured alang said Southeast right-
of-way line of East 3rd 5treet and said fine there ternvnating_
I,ine "A" Descriguon
Commencing at the Southeast comer of Lot 9 of said Fred Athens Subdivision of Block 61 of
Lyman Dayton's Addition to the City of St. Paul; thence Southwesterly along ihe South line of
said Lot 9 a distance of 9?.4 feet; thence Northwesterly, deflecting 72°20' to the right, a distance
of 80.07 feet to the True Point of Beo nning of the Line "A" to be described; thence
Northwesterly, deflecting 15°10' to the right, a distance of 95.4 feet and there tezminating.
Line "B" Description
Commencing at the most Northerly corner of said Block 65; thence Southwesteriy along the
Northwest line of said Block 65 a distance of 185.0 feet to the True Point of Beginning of the
Line 'B" described; thence Northwesterly along a straight line to the Southeasterly comer of Lot
16 of said block 60 and there terminatiag.
And which Iie Northerly of a line described as commencing at the Northeast comer of said
Section 5; thence Sonth 0 degrees 56 minutes 19 seconds East, assumed bearing, along the East
line of said Secrion 5, a distance of 200.00 feet; thence North 52 degrees 37 minutes 28 seconds
West, a distance oP 15424 feet along a 2ine which, if extended, would intersect the North line of
said Secflon 5 at a point distant 255.00 feet west of said Northeast corner of Section 5 to the
point of beginning of said line to be described; thence South 28 degrees 59 minutes 57 seconds
West a distance of 45.99 feet; thence North 65 degrees 59 minutes 34 seconds West a distance of
108633 feet; thence North 24 degrees t?Q minutes 21 seconds East a disiance of 140.00 feet;
thence North 29 degrees 35 minutes 17 seconds West a distance of 125.58 feet; thence North 50
degrees 41 minutes 10 seconds West a distance of 10163I feet; thence South 37 degrees 48
minutes 49 seconds West a distance of 117.15 feet; thence North 48 degrees 34 minutes 3b
seconds West a distance of 285.19 feet; thence northwesterly a distance of 138.25 feet along a
tangentiai curve, concave to ihe northeast, having a radius of 633.84 feet and a central angle of
12 de�ees 29 minutes 53 secands; thence northwesterly a distance of 132.66 feet along a
compouad curve, concave to the northeasi, having a radius af 224.67 feet and a central angie of
33 de�ees 49 minutes 54 seconds; thence northwasterly a distance of 43.83 feet along a reverse
curve, concave to the southwest, having a radius of 77.59 feet and a central angle of 32 degrees
21 minutes 50 secands; thence North 34 degrees 36 minutes 40 seconds West, tangent to last
described curve, a distance of 30.53 feet
to the southeast right of way line of said Kellogg Baulevazd (formerly 3rd Street) as now located
and constructed and said line there terminating.
��
��
�x�°�i� �3
CON�tRMATION OF ORDER
Aon Rrsk Services
Aos Risk Services, Inc.
26Q East Randolph Street, 1! Floor
Chicago, Itifnois 606QS
Phone: 3�2-381-4574 Fax3�238i-6355
A Division oR Aon RisK Services
IKSURED: The City of Saint Paul
15 W. Keilogg Boulevard
Sainf Paul, MN 55902
Aon lnvironmentat
DATE
November 24, 2002
EFFECTIVE DATE � PQLICY NUMBER INSURANCE COMPANY PRODUCER
DATE
11/21/2002 11I21/2012 PEC d093105 XL Environmental Aan Risk Services, lnc. of
Minnesota
caveRace aesc�ivriaN
Coverage: Pollution and Remediation Legal Liability
Po3icy Form: �ndian Harbor Insurance Compaay
PARL4CP {5/01j Sudden and Gradual PolluGon Covsraqe
Limif of Liabiiity: $10,000,000 Each Inadent Limit/ $10,000,000 Policy Aggregate Limit
Retentiors: $50,040 Ded�ctib4e
Premium: $ 112,079.00
Surplus Lines TaY (3°l0): � 3.362.Q6
Total : 5 115,44'E.00
Endorsements: �• ENSTE5�2a (5101) Pollutiona Legal Liability and Remediation Legal Liability Schedule
2. ENSTE5Q4 (5l01} Known Conditions Schedule
3. ENSTE508a (5161) Addi6onal Named lnsured(s)
4. ENSTE989-MANU Contamination Exdusion Endorsement
5. ENSTE533 (5101) Poliution Condftion Definition Amendment �[ndude Abandoned Maferials
6. ENSTE590 (5/01) Restrictive Amendment of Coverage B Remediation Legaf Liabitity
7. ENSTE557a (5I01) Bodiiy Injury and Legal Defense Expense for Lead 8ased Paint and Asbestos
8. ENSTE563 (5101} Coverage Exfension Sublimii
9. ENSTE534 (5/01) Action Against Company Amendment
10. ENSiE549 {5f01} InsuringAgreement Reporting Provision Fvnendment
11. ENSTE999-MANU Poiicy Change Request Process
12. ENSTE999-MANU Cancella5on Endorsement
13. ENSTE999-MANU SoleAgentModification
14. ENSTE652 (5I01) Mold, Rot, and Other Fungi Facclusiorr
15. ENSTE535a{5/01} Pr'smarylnsuranceEodorsement
18. ENSTE813 (5101) Jurisdiction and Venue and Ckwice of law Conditions— �efetion
17. ENSTE999-MANU Renewal Endorsement
18. IWC-MNSOP Minnesofa Service of Process
Sy:
We confirm you have ordered the fnsurance noted above. The Po!{cy (ies) or endorsement(s} tvill6e detivered ta you as soon as possible after
issuance. This Company providas the kind(s) of insurance stipula#ed. The insurance is subject to the #erms, conditions, and limifations of the
Policy (ies). 7hank you forYnts opportunity to be of serv{ce.
07
(Above space is reserved for recording information)
CONSERVATION EASEMENT
THIS CONSERVATION EASEME�IT is made this ? 2. day of November 2002, by and between ;
the CITI' OF St. Paul, a body politic and corporate, Cnantor, and the STATE QF MIlVNESOTA, a
sovereign body, Grantee.
BACKGROUND
i
I. Grantor is the ocvner of real property, ("Profecfed Proper[y"), in Ramsey Counry,
Minnesota, wMch is described in Exhibit A. The Protected Properry is appro�mately 17 acres in size. !
2. Portions of the Protected Property are currendy brownfields in a fleb aded state, however,
There aze important ecologiaal and aesfhetic vatues associated with this property.
3. The natural, scenic, and ecoIogical qualiries and forested, and open space charaofer
("Conservation VaIues") of the Protected Property are set forth in the Properry Report prepared by the staff
of Grantee's Deparisnent of Vaturai Resowces dated ���j,�Y !� , 20Q2, which the parties
acknowledge accurately represents the present condition ofthe Protected Propercy. Each ofthe parties has
a cogy of the Properry Report. Grantee intends to use the PiroperEy Aeport as the basis for monitoring
subsequent uses of the Protected PropeRy and enforcing the terms of this Conservation Easement.
Notwithstanding tbis, the parties may use all other relevant evidence to establish the present condition of
The Protected Property in the event of a disagreemenf as to whether a subsequant activity or use is
cansistent with the Eerms of this Conservation Easement.
4. Grautee is quaiified Eo acquu and hold conservation easements under Section 17Q(h)(3) of
the Intemal Revenue Code of 198fi, any amendments and any regulations promulgated there under and
under NfinnesoYa Statutes Chapter 84C and Section 84.64.
5. The I,egislature of the State of Minnesota (hereinafter "Legislature") authorizes Grantee
and counties withia #he State of MinnesoYa, as wel2 as nonprofit organizations, to preserve, acquire or hold
Iaads for open-spaoa uses, which specifically inciude farmland, weflands, native or restored prairie, or
lands deemed criticai to grotecting soil, water qualiiy, and enhancing fish and wildlife habitat; and has
found tbat actions pursuant to these purposes are for the public health, safety, and general weifare of the
citizens of the State of �Sinnesota and for the promotion of sound land deveiopment by preseiviug suiia6le
open spaces.
Page 1 of 12
o7-s i
6. The Legislature has declared that public open-space benefits result from the pmtection and
conservation of naturat azeas, including the protection of scenic azeas for public visual en}oyment from
pubIic rights-of-way; ttiat tlxe conservarion and protection of restored natural areas as valued nat�u'aI and
ecoIogical resonrces provides needed open spaces for clean air, as weII as for aesthetic purposes; and that
public benefrt wili result from the conservation, proteciion, development and improvement of restc�red
nahiral arezs.
7. Grantee, through its Department of Natural Resources, shatl protect, in perpetuiry, natuzal
azeas and ecalogically sigcvficant land for aesthetic, scientific, and educational purposes and pursuant to
the terms of this Conservation Easement.
8. Grantee has declazed that the preservation of open-space is vital to the pubiic interest of the
State of Minnesota through its econamic, environmental, cultural and scenic henefits.
9. Grantee agrees by acquiring this �'ant of easement to honor and defend the intentions of
Grantor stated herein and to preserve and grotect in perpetuity the open-space values of the Protected
Property for the benefit of this generafion and the generaUOns to come.
10. Cn•antor dasires and intends that the apen-space character of the Protected Property be
preserved, protected aad maintained in peipetuity.
1 l. Grantor desires and intends to place restrictions upon the use of the Protected Properry and
by executing this Conservarion Easeznent, Grantor creatas 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 Pirotected Property aud to protect and maintain its native p1anY communities and native animal
populations.
12. Grantor intends to convey to Grantee the right to protect the ecological values of the
Protected Property in peipetuiry and to prevent or to remedy activities or uses that are inconsistent with the
terms of the Conseroation Easement.
13. A nat�u�al resource management plan has been prepated for the Protected Property by
Emmons & Oliver Resources, et al. under conrtact with the Trust for Public Land. Tbe Management Plan,
dated December 14, 2001, is tiUed, Bruce Vento Nature Sanctuarv at I.ower Phalen Creek Natural
Resource Mana�ement Plan ("Management Plan"). Each of the parties has a copy of tlze Management
Plan. As set forth below, the parties intend to use the Management Plan as the basis for mana$emanT of the
Protected Proper[y.
CONVEXANCE
NOW, TI�REFORE, Gran#or, in oonsideration of the sum Eight Hundred Ten Thousand and
No(1�0 Dollazs ($810,QOO.OQ), to it in hand paid by said Grantee, the receipt whereof is hereby
acknowledged, and pursuant to Mimiesota Statutes Chapter 84C and Section 84.64, and other appIicable
Minnesota laws, does hereby graut and convey to Grantee, its successors and assigns, £orever, a
Conservaiion Easement in perpetuity over the Protected Proper[y subject to the following rights and
restrictions:
i
i
�
i
i
Page 2 of 12
o�-��
ARFII2MATIVE RIGHTS
CrrantQr convays to Cirantee and its successors and assi�s the following rights:
I. The rigkt to enforce by proceedings, at law or in aquity, the covenants contained in this
Coaservation Easemen�. This ri�t sfiall include, but shall not be limited to, the right to bring an aotion in
any court of competent jurisdicrion to enforce the terms of this Conservafion Easement; to require the
restoration of the Protected Properry to its prior or more natural condition; to enjoia such non-compliance
by temporary or pexmanent injuncrion; and to recover any damages arising from such noa-compliance.
Such damages, when recovered, may be applied by Grantee, in iTs discrerion, to corrective action on the
Protected Property, if necessary. If snch court determines that Crrantor kas failed to compiy with tlus
Conservation Easement or the Management Plan, Cnaator shall reunburse Grantee for any reasonable costs
of enforcemenf, including costs of restoration, court costs, and reasonable attorney's fees, in additioa to any
oLher payments ordered by such court.
2. If Grantee becomes aware of an event or circwnstance oP non-compliance with the terms
and condiuons set farth in this Conseroation Easement, Grantee shall give written natice to Grantor, its
successors or assigns, at the address set fortb below of such event or circuznstance of non-compliauce and
restore the Protected Property to its previous condition. Failure by Grantor, its successors or assigns, to
cause discontinuance, abatement or such other corrective action as may be requested by Gra.ntee within
thirry (30) days after receipt of notice, sha11 entitle Cn�antee to bring an aetion as authorized in this
Conservation Easement.
3. Grantee does not waive or forfeit the right to take action as may be necessary Yo ensure
compliance with the covenants and purposes of this Conservation Easement on the ProtecYed Property by
any failura to act, and Grantor wazves any defense of laches with respect to any delay by Grantee in acting
to enforce any of the provisions or exercise any rights under this Conservatioa Easement.
4. Nothing in this Conservation Easement shall be construed to entitle Grantee to institute any
enfarcement proceeding against Grantor for any changes to the Protected Property due to causes beyond
Grantoi's conirol, such as changes caused by fire, flood, storm, civil authorities undertaking emexgency
action or third parties not under the control or supervision of, or not acting with the consent of, L',rantor.
5. The right of designated representatives of Grantee to enter the Protected Pmperry in a
reasonabie maaner to conduct monitoring, management evaluations and activities and de#ermine easement
compliance is recognized. GranYee shall give reasonable prior notice to Grantor of all snch entries and
sha11 not unreasonably interfere with Grantor's use and quiet enjoysnent of the Protected Property. Each
party agrees that it will be responsible for its own acts and the resalts thereof and sha11 not be responsibie
for the acrs of the other party and the results thereof. Each party therefore agrees that it will assume all risk
and IiabiLity for itself, its agents or employees �or any injur� to persons or properCy resulting 3n any m.anner
fi�om the conduct of its own operarions and operations of its agents or emplay�es under this Cflnservation
Easement, and for any loss, cost, damage, or expense resulting at any time from failure to exercise proper
precautions, of or by itself or its own agents or its o�m employees. Grantee's liability shall be governed by
the pmvisions the Minnesota Tort Claims Act, Nfinn. Stat. § 3.736, and other apglicable law. The liabiliiy
of Grantox stiali be govemed by the provisions the 1Vlinnesota Municipal Liability Tort Act, Minn.
StaE. § 466.04, and other applicable law.
Page 3 of I2
o7-sr
6. Grantee, in addition ta other remedies, shall have the right to report any environmental
concerns or conditions or any actuat or potential violations of any environmenial or other laws to
appropriaTe reb Iatory or law enforceznent agencies. Grantee shall notify Grantor a# the same time it
notifies any appropriate authority notified pursuant to this section.
RESERVED RIGHTS
7. Grantor zeserves for Crrantor and its successors and assigas, ail ri;hts as owner of tfie
Protected Property, except the right to undertatce any activities which are expressly and specifically
prohibited by ttus Conservation Easement or which aze inconsistent with or deh to the protective
purposes of this Conservafion Easement.
$. Gsantor agrees to notify Grantee in writing before exercising any reserved right which may
have an adverse impact an the natzuat chazacteristics or ecoloa cal znd aesthetic features of the Protected
Properry protected by tius Conservation easemenf.
COVENANTS
IAi F'LTRTHERANCE of the foregoutg afflnnative rights, Grarnor intends that rights under this
Conservation Easement conveyed to Grantee on behalf of the pubfic shalI continue to exist in perpefuity.
Grantor makes the following covenants an behalf of GranYor, its snccessors and assigns, which covenanfs
shall run with and bind the Protected Properry in peipetuiEy:
Mana�ement Plan
I. A1l natural resource management practices on the Protected Property, including
implementation, shall be in accordance with the Management Plan. 'The Management Plan may be revised
or modified by written agreement of Grantor and Grantee. Crrantor and G3�antee will each retain a copy of
the Management Plan.
Residenfiai, Commercial and Indush Uses
2. Granfox shall not subdivide, either legally or physically, the Protected Property for any
reason without the prior writtea appmval of Grantee.
3. No developmenE rights in or to the Protec#ed Property, or any part thereof which have beea
encumbered or extinguished by this Conservation Easemenr, shall be hansferred to any tocation outside the
Protected Property, whether pursuantfo a cluster devetopment plan or any othar agreement or pian for
transferable development rigfits.
4. There shall 6e no residential, industrial, or commercial activity undertaken or aIlowed on
the Protected Properiy. No iight of passage across or upon the Protected Properry shali be allowed or
granted, if that right of passage is used in canjunetion with residenfial, industrial, or commercial activity.
Page4of i2
!� 7 � /
5. Ivo portion of the protzcted proper[y sha1F be used to satisfy land azea requiremeuts for
other property not subject to this Conservation Easement for purposes o£ calcuiating building densiry, iot
coverage, or open space under otherwise applicabie laws, regulations, or ordiaances controIFing tand use.
Constructioa
6. There shalt be no construcfion or pIacing of any house, gazage, barn, mobile home, or other
buildings on the ProtecLed ProperCy excepi as specifically allowed in the Management Plan. There shall be
no constraction or installation of poles, antenua, li�rts, towars, water tower, utility lines, pipiag, and any
other temporary or permanent structures on tl�e Protected Properry. There shall be no construction or
installation of roads or parking lots of asphait, bituminous, gravel, ooncrete or othes maYerials on the
Protecfed Property. There shall be no permanent or temporary feacing except as specifically allowed in the
Management PIan.
Water Bodies and Courses
7, There shatl be no mavipulation 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 gurity or quantzty.
Wetland creation or restorarion may be allowed under the Management Plan.
Recreational Use
8. There shall be no trails established oi� maintained on the Protected Properiy, exoept for
those specifically a(lowed in the Management Plan.
9, There s}tall be no operation of snowmobiles, dune buggies, motorcycles, ell-terrain
vehicles, ar any other types of motorized vehicles on the Protected Property, except for administrarive,
emergency, and management piuposes.
10. 'I'he Protected Property may be used for l�iking, cross eounhy skiing, natura observafion,
and otfier similar, low-impact, educational and recreational programs or activiries.
Surface Alteration
11. The commercial ex�raation of minerals by scuface mining and the extraction and removal of
topsoil firom the Protected Property is prohibited. The extraction of subsurface of deep-mined minerais
fram the Protected Properry, including natural gas and oil, and the noncommercial exh'action of minerals,
inetuding limestone, shale, gravel, sand and other minerals is prolubited.
12. There sha1I be no change of the topography of Yhe Protected Property in any manner except
as reasonably required in the couxse of activities or uses in accardance with the Management Plan.
Waste Removal
13. Use of the Protecfed Property for dumping, storaoe, processing oz landfi2l of soIid or
hazardous wastes generaied is prohibited, including without Iimitation, municipal sewage sludge andJor
bio-solids appIication.
Page 5 of 12
07- 5/
s�
i4. Commercial si�s, biIlboazds, and outdoor adverrising structuras may not be displayed on
the Protected Property. However, information signage is permitted, snbject to the following conditions:
The combined area of any si,ens may not exceed fifty (50) squue feeT, and fhe signaae is Iimited to the
following purposes:
a. Displaying the name of the Protacted Properry;
b, Announcing the existence of ftris Conservation Easement;
�, Providing interpretive and directional infarrnafion
d, providing the name and address of Grantor and Cnantee;
e. Delinealing the boundaries of the Protected Property in order to prohibit trespass or
non-pernutted activities;
f. Providing informarion with regazd to on-site uses and acrivities perntitted by this
easement which approval wiII not be unreasonably withheld, conditioned or
delayed.
For ali signs permitted by this paragraph, the location, nwnber, size and design must not
signifrcanfly diminish the natural and scenic qualiYies of the ProtecLed Praperry and must be appzoved by
Crtantee.
Trees Shrubsand Veeetation
15. There sha11 be no removal, desuoying, burning, cutting, mowing or altering of trees, shrubs,
and othar vegetation except to prevent or conirol nvsects, noxious weetis, invasive species, diseases,
personal injury, or properry damage. Activities that enhance wildlife habitat or restore naflve baologicaI
communities must be in accordance with the Management Plan.
Pesticides and Herbicides
16. There shall be no application of pesficides or herbicides on the Protected Property, except
those that are necessary as part of approved agriculturat use and management practices specified within the
Management Plan.
Animals
17. There shall be no Iivestocic, feedlots, domestic or non-narive animals pernutted on the
Protected Property. There shall be no hunYing or trapping of animals, except as neeessary to keep animat
popularions within the numbers consistent witta the ecological balance of the Profected Property in
accordance cvith the Management Plau.
A¢ricultural Use
18. There shall be no tilling or plowing or use of the Protected Pmperty for oommercial
culi'zvafion of crops.
Page 6 of 12
I�7- 5 I
Exotic Snecies Introduction
19. 'Fhare sUall be no plant or animal species introduced on the Protected Property, except
those native species that are consistent with the grotective purposes of this Conservation Easement and
consistent with the Manaaement P1an.
Archaeoloeical / HistoricaI Invesf9Eations and Internretation
20. It is aclrnowledged that there are potential hisYOricat and azcl�aeological resources located
withix� the azea defined by this Conservation Easement. Any and aIl azchaeological and historic
invesrigations and interpretation musf be conducted in an ecologically and permanentiy non-disruptive
manner as practicable. Any requested and approved site disturbance must be completed within five (5)
years of execution of this Conservation Easement. No more than 10% of the total land area may be
disturbed at one time. Areas that have been or are in the process of being restored that are disrupted by
historic or azchaeologicai activities must be restored to native habitat components consistent with the
Management Flan as soon as all important hisforic and azchaeoia�cal data and arfifacTS have been
recovered. Should permanent excavation ar historic interprefation that cavses disruption to habitat within
the Conservafion Easement be deemed necessary, Grantor must provide suitable reptacement habitat.
Grantor and Grantee will determine the need for, and suitability of, replacement habitat jointly. Prior to
majrn• disruptions, the Management Plan must be mocfified by wriUen agreement of Grantor and G to
set forth procedures and standazds for these activities.
Environmentxl Conditions
21. As used in this Conservation Easement:
"Environmental Agenc}�' means aay federal, state, or iocal agency, deparEment, governuiental unit,
or tribunal charoed with responsibility or authority for enforcing any Bnduonmental Law. The tezm
includes, but is not limited to, the United States Environmental Protection Agency, Minnesota Pollurion
Control Agency, the Minnesota Department of Health, and tha Miiuiesota Department of Agriculture.
"Environnzental F.aw" means any e�sting or future federal, state, or local statute, code, 1aw
(including common law}, nile, regulation, ordinance, order, judgment, decree, or injunction that is
applacahle to the Propei�ty (or any operation or activity conducted thereon) and which pertains in any way
to the protection of human fiealth or the environment. The term includes, but is not limited to, the federal
Resource Conservatioa and Recovery Act, the faderal Comprehensive Environmental Response,
Compensarion and Liability Act, the federal Toxic Substances Control AcT, the federal CIean Water Act,
the federal 5afe Drinldng Water Act, the federal Insecticide, Fungicide and Rodenticide Act, the federai
Clean Air Act, tAe federal Oil Pollution Act, the federal Hazardous Materials Transportation Act, tlie
faderal Occuparional Safety and Health Act, any ntle, renutatian, or order promulgated pursuant to any of
the foregoing Acts, any Minnesota statute compazable or analogous to any of #he foregoing Acts, and any
rule, regulation, or order promulgated pursuaat to any such Minnesota siatute.
"Hazardous Substance" means any potlutant, contaminant, toxic or hazardous substance, toxic or
hazardous material, toxic or hazardous waste, or other deFeterious or harmful material defined or lasted in,
regulated or controlfed by, or otherwise govemed or addressed by any Environmental Law.
Page 7 of 12
a7
"Release" means any release or dischazge of any Hazazdovs Substance by any means or mefhod,
including (but not limited ta) spilling, leaking, pumpin�, pouring emitting, em}arying, injectsng es�aP�S>
leaching, dumping, or disgosing, and further including (but not limited to) auy leaching, migtation, or
dispersion of any Hazardous Snbstance that was previously released or discharged.
"Response Action" means any action to invesugate, abate, remove, clean up, treat, stabilize,
neutralize, cap, cover, contain, remedy, or otherwise zaspond ta any Release of a Hazazdous Subsfauce.
22. Grantor shalI perform, ar shaII cause to be performed, at no expense to Grantee, ali
Response Actions that aze necessary to comply with any requ3rements imposed by any Environmeutal
Agency. If Yhe Protected Property (or any portion thereof} is opened for public recreational use prior to the
completion of any such Response Acrions, Grantor shall be responsible for taidng atl appropriate measures
to prevent public access to thosa portions of the ProYected Property where such Response Actions aze to be
performed. Grantor shall inifiate such Response Acrions prompfly and shall complete the Response
Actions with all diligent speed. �
23. Gzantor will procure insurance with respect to environznental condifions on the Protecfed
Property. Tfie Cn�antor shaTl cause Grantee to be listed as an additioaal named insuretl, or take such other
similaz oi related actions, so as to provide for Grantee the same benefits and protecfion as afforded to
Grantor and any other parties covered by ihe policy. Any insurance procwed by Grantor shall be at no cost
to Grantee. The policy will be in effect from the closing through at least the tenth anniversary in the form
attached hereto as E�ibit B.
GENERAL PItOVISIONS
1. This Conservation Easement shall run with and burden the ProtecTed Property in perpetuiTy
and shall bind and inwe to the benefrt of Grantor, its successors and assigns, and any and all other
successors to it in interest and Grantee, its snccessors and assigns.
2. Grantor shall pay all tases aud assessments levied against the Protecied Property including
aay taYes or assessments levied against the interest of Grantee established by this Conservation Easement.
Grantee may, hut is not ohligatad to, make any payment of taxes or assessmenYS levied against the
Protected Property or the interest established by this Conservation Easement and shali have a right of
reimbursement against Grantor, etc. for such amounts.
3. Grantor agrees that the ferms, conditions, restrictions, and purposes of ttris Conservarion
Easement wilI be referenced by Grantor in any subsequent deed or other legal instrumenx by which Grantor
fransfers or divesYS Grantor of all or any part of Grantor's interest in the Protected Properiy, and that
Grantor, etc. wili give Ge written notice of any such transfer within fifteen (15) days after closing.
4. Any notice required in this Conservarion Easement shall be senf by certified mail, retum
receipt requested, to the following adciresses or suoh address as may be subsequently specified by notice in
wziting, and the Parfy of Record at the address of record in the Ramsey Counry Recorder's Office
Cn�antee:
State of Minnesota
Department ofNatural Resources
Grantor.
City of 3#. Pauf
Attn: Paik and Recreation Director
Page 8 of I2
o� s►
Metro Regional Administration
120� Wamer Road
St. Paul, NN 55104
300 City Hall Annex
25 West Fourth Street
St. Pau1,1bN 55102
$, If any provision of this Conservation Easement, or the application thereof, to any peison or
circnmstauce is found to be invatid, the remainder of the provisions of this Conservatioa Easement and the
application of such provisions to persons or cireumstances other than those as to which it is found to be
invaIid shall be affected thereby.
6. This Conservation Easement sha1F be govemed by the laws of the State of Minnesota.
7. The terms "Grantor" and "Grantee" as used in this Conservation Easement shall be deemed
to incIude with respect to Grantor, its successors and assigns; and with respect to Grantee, iYs successors
and assigns.
8, Grantee may assign or uansfer tlus Conservarion Easement and tha rights conveyed herein,
provided that (a) Grantee requires, as a condirion of such traasfer, that the original conservation purposes
of this Conseivation Easement continue to be carried out in perpehuiy; and (b) any assigunen¢ is made
oniy to an organizatioa qualified to acquire or hold a conservation easement at the time of the transfer
under the provisions of Secrion 170{h)(3) of the Internal Revenue Code of 1986, as it may be aznended
from rime to time, and any regulations promulgated there under. This Conservafion Easement is fulTy valid
and enforceable by any assignee or successor of Grantee, whether assi�ed in whole or in part.
9. T7ais Canservation Easement may be amended only in #he event of unanticipaYed
circumstances not specifically addressed by this Conservation Easement and only in the sole and exclusive
judginent of Grantee that such an amendment (a) fiirthers the purpose of this Conservation Easetuent; (b) zs
not inconsistent with and will not adversely impact the conservation valves pirotected by ttus Conservation
Easement; (c) does not affect the perpetual durarion of the Conservafion Easement; or (d) does not affecE
the validity of the Conservation Easement under Minnesota law.
10. If circumstances arise in the future such as to render the purposes of this Conservation
Easemeat impossible to accomplish, tUis Conservafion Easement can only be terminated or extinguished,
whether in whole or in pa3t, by judicial proceedings in a court of compefent jurisdiction or by agreement
executed hy the parties, their successors or assigns.
11. Eacfi party agrees tl�at it will be responsible for its own acts and #he results therefore and
wil2 not be responsible for the acts of the other party and the resuit thereof. Each party therefoze, agrees
that it will assume a11 risk and Iiability for itself, its agenTs or employees, for an injury to persons ar
property resulting in any manner from the conduct of its own operntions and operations of its agenis or
empioyees under this Conservation Easement, and £or any loss, costs, da�nage, or expense resulring at any
tune from failure to exercise proper precautions, of or by itself or its agents or its owa employees,
Grantee's fiability will be governed by the pravisions of the Minnesota Tort Claims Act, Minnesofa
Statutes § 3.736 and other applicable law.
I2. Grantor retains a11 responsibiliries and shall bear alI costs and liabiFiries of any kind related
to the ownership, operation and maintenauce of the Protected Property
13. Grantor agees that the conveyance of the Consezvation Easement gives rise to a properLy
right, iznmediately vested in Graniee, wiih the fair market value thaf is at least equal to the proportionate
Page 9 of 12
07- S1
m
value that the Conseroation Easement, at the time of the conveyance, bears to the vaiue of ProYected
Properiy as a whole at that time. The proportionate vatue of Grantee's property rights will rexnain
constaut.
14. This Conservarion Easement may be terminated or extinguished, whether in whole or in
part, by judicial proceedings an a court of competent jurisdiction or by written agreement executed by botb
parties, their successors or assigns. If a subses.�uent uneacpected chaage in the conditioas of or surrounding
the Proeected Properry makes it impossible or impracticat for the continued use of the Protected Property
for conservation purposes described herein, and if the restrictions of this Conservation Basement are
extinguished, in whole or in part, by judicial proceedings upon the sale, exchange or involuntary
convecsion of the Protected Property, Crrantee will be antitled to a portion of the proceeds at least equal to
fhe proportionate value of the Canservation Easement cited in the pteceding provision. The proportioaate
vaIue of Grantee's properry rights will remain constant.
15. On iu own behalf and as attorney-in-fact for Grantee, Grantor may execute, acknowledge,
aud record or file any inshiunents necessary ta assure the perpetual enforceability of this Coaservarion
Easement.
16. Tfus document sets forth the eniire a,greement of the parties with respect to tlus
Conservation Basement and supersedes all prior discussions ar understandings.
Page 10 of 12
07- S/
crr�
�
Its
B ��,�,� �
Its City Cierk r
; ���Q
$y . �� � �s'� � V L�
Its Director of Financial Services
STATE OF MINNESOTA j
) ss.
COUNTY OF RAMSBY )
200�2
before me this � r day of November
. and
�1'}u�/ / G�-rn�'�- {he Mayor, City Clerk, and Director of Financial Services of the City of
St. Paul, a mrxnicipal corporation under the laws of ttte State ofr�v�snfa_--
. "hn �� ^-=`�����
- 4\- 'R . ' -) E' � 1 _ �
� �
` ' Notary Pubiic '� �
, %
- , ..�, -- _' v'�e.`r-aF �'
' __ . ;.. _ ••-� --•-,-�'+-'�-�•
Approved as to�form and execution _
By: �/ " (
St. Paul i Attomey f
Dated:
Page i 1 of i2
07-.�'1
ACCEPTANCE APdD AECL?.RATIQN
The undersigned accepts the foregoing Conservation Easement and does hereby deciare that fhe
easement interest of the State under the Conservation Easemenf is subject to the following restrictions:
1. The easement interest of the State under the Conservation Easement is bond fivauced
propert;� within the meaning of Minn. Stat. § 16A.595, as amended from tune to time, is subject to the
encumbrance created and requirements imPosed thereby and oannot be sold or otherwise disposed of by the
State without the approval of the Mizznesota Commissioner of Finance, wIvch approvai must be evidenced
by a written statement signed by the Commissioner of Finance and attached to the deed or othet instrc�ment
used to sell or otherw'sse dispose of the easement interest of the State under the Conservarion Easement.
2, fihe easement interest of the State under the Conservation Easement shail remain subj ecT to
this restriction untii: {a) the zestriction has been fully complied with as evidenced by a written approval
from the Ivlinnesota Commissioner of Finance; or (b) a written release, releasmg the interest of the State
from the restriction, si�ed by the Minnesota Commissioner of Finance, is recorded.
5TATE OF MINNESOTA
DEPAR'I MEN� OF NATURAL RESOURCBS
By:
v �
DAVID J. OL N, Assistant Director
Division of Lands and Minerals
Department of Natural Resources
STATE OF MINNESOTA
COUNTY QF RAMSEY
)
) ss.
)
�
The foregoing insuument was acknowledged before me this �� day of November 2002 by
DAVLO J. OLSON, Assistant Director of the Division o£ Lands and Minerals, Department of Naturai
Resources, on behalf of the State of Minnesota.
-�:,,
c�;
�
Drafted by:
State of Minnesota
Degartment af Naturat Resources
Metro RegionaI Administration
1200 Warner Road
St. PauI, Minnesota 55106
AG: k"754343-v3
�� �' . �.
. . � �
Approved as to form and execution:
��� �r
Assistant Attorney General
Dated: ��'{� Q Z"`
Page 12 of 12