Agenda - Council - 05/14/2019 - Laserfiche WebLink

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WHEREAS, the Owner owns a parcel of land in the City legally described in Exhibit A attached hereto and made a part hereof (the "Owner Tract"), and wishes to grant to the City a Conservation and Trail Easement and Restrictions (the "CTE & R") over part of the Owner Tract, consistent with the above referenced State program and City policies, and United States Internal Revenue Code (IRC) 170 (h); WHEREAS, the CTE & R will provide the City a space to construct or place a future trail through the area and will satisfy part of the Park & Trail Dedication requirement for the planned expansions of Green Valley Greenhouse via Conditional Use Permit approved via Resolution 18- 178. NOW THEREFORE, for good and valuable consideration, the Owner, pursuant to the aforementioned Statutes, Policies and Code conveys to the City, its permitted successors and assigns, the CTE & R. TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances thereunto, forever upon the following terms and conditions. THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY TO THE CTE & R AND EASEMENTS AREAS: 1. Scope of Easement. A. Purpose. The purpose of this CTE & R is to preserve and protect in perpetuity the Conservation Values of the Easement Areas by confining the development, management and use of the Easement Areas to activities that are consistent with the preservation of the Conservation Values, by prohibiting activities that significantly impair or interfere with the Conservation Values, and by providing for remedies in the event of any violation of this CTE & R (the "Purpose"). The terms of this CTE & R are specifically intended to provide a significant public benefit by: • Preserving the open and natural character of the Easement Areas for scenic enjoyment by the general public from views from private properties and streets and by use of the general public when accessing the Easement Areas by trail. • Providing wildlife a contiguous corridor for habitat which connects to other areas of open space, streams and wetlands. • Protecting water quality by maintaining a natural buffer between Trott Brook and the adjoining land uses. • Providing a space for a future Trott Brook Trail corridor. (the "Conservation Values.") B. Land Burdened. The CTE & R burden, and run over, on and across, the tracts of land lying and being in the County of Anoka and State of Minnesota, described and depicted in Exhibit B attached hereto and made a 2