HomeMy WebLinkAboutResolution 2015 (25) Resolution No. 25 (2015)
Pao 111111w UNTY RESOLUTION TO PURCHASE REAL PROPERTY,ALONG
THE ST. CROIX RIVER FOR A COUNTY PARK AND
N.
APPROVE BUDGET AMENDMENT FOR THE PURCHASE
1 WHEREAS, the St. Croix County Outdoor Recreation Plan, adopted by the County
2 Board of Supervisors identifies the need to expand outdoor recreational opportunities in the
3 County through land acquisition, facility development and expansion of a county-wide
4 multijurisdictional trail system; and
5
6 WHEREAS, the St. Croix County Outdoor Recreation Plan identifies a high priority to
7 acquire lands along the Lower St. Croix River, to protect scenic, threatened, environmentally
8 sensitive, historic, cultural or native natural areas and provide access for the public to the St.
9 Croix River National Scenic Riverway; and
10
11 WHEREAS, St. Croix County is projected to continue to be the fastest-growing county in
12 Wisconsin and preservation of open space and expansion of existing park facilities is needed to
13 serve a growing population; and
14
15 WHEREAS, St. Croix County entered into a Cooperative Agreement for Riverway
16 Mitigation as part of the St. Croix River Crossing Project with the Minnesota Department of
17 Transportation, MN/DOT Agreement No. 95705 on April 19, 2012,per the agreement, St. Croix
18 County received $2 million for mitigation to blufflands to provide replacement lands that offset
19 the impacts of a new crossing on the Wisconsin bluff and provide land and water conservation,
20 scenic protection and low-impact public recreation; and
21
22 WHEREAS, acquisition of 53.29 acres on the St. Croix River, containing 1,300 feet of
23 river frontage, 2,000 feet of scenic bluffline, all natural, undisturbed woodland is a rare
24 opportunity to preserve one of the largest undeveloped remaining parcels on the St. Croix River
25 in St. Croix County; and
26
27 WHEREAS, acquisition of 53.29 acres is an opportunity to implement soil conservation
28 practices to reduce erosion and sedimentation and improve the water quality to the St. Croix
29 River due to areas with steep slopes, erodible soils, sparse vegetative cover and upland runoff,
30 and
31
32 WHEREAS, a contract to purchase real property of 53.29 acres for $746,000 plus shared
33 closing costs from C.A. and Jeanette Richards was entered into on July 10, 2015 (see attached);
34 and
35
36 WHEREAS, St. Croix County has consulted with the Wisconsin State Historic
37 Preservation Officer(WisSHPO), the Minnesota State Historic Preservation Officer(MnSHPO)
38 and other consulting parties, including Indian tribes, as appropriate in accordance with 36 CFR
39 §§ 800.3 - 800.5 to determine if historic properties will be affected.
40
41 WHEREAS, St. Croix County has consulted with and received concurrence from
42 Wisconsin Department of Natural Resources to purchase the 53.29 acres; and
43
44 THEREFORE, be it resolved that the St. Croix County Board of Supervisors approves
45 the purchase of 53.29 acres (see attached legal description) from C.A. and Jeanette Richards for
46 seven hundred forty-six thousand dollars ($746,000); and
47
48 FURTHER be it resolved that the St. Croix County Board of Supervisors approves
49 preparation of filing documents; and
50
51 FURTHER be it resolved that St. Croix River Crossing Project funds (SCRCP),provided
52 through the MN/DOT Agreement No: 95705 which are non-levy funds, will be utilized for
53 acquisition and expenses; and
54
55 FURTHER be it resolved by the St. Croix County Board of Supervisors that the 53.29
56 acres is acquired under MN/DOT Agreement No: 95705 Cooperative Agreement for Riverway
57 Mitigation Items are part of the St. Croix River Crossing Project between The Minnesota
58 Department of Transportation and St. Croix County, Wisconsin and per that agreement are
59 considered protected lands which will be perpetually maintained for land and water conservation
60 purposes, scenic protection and other compatible uses, including low-impact public recreation;
61 and
62
63 FURTHER be it resolved the St. Croix County Board of Supervisors approves that
64 effective with the publication of the notices required by law, the budget of the County of St.
65 Croix, for the year beginning January 1, 2015, is amended by the following amounts to the line
66 item account numbers shown:
67
Account Name Account Number Expenditure Revenue
Transfer Agency Funds
To transfer funds from SCRCP Agency Fund (8 10) to SCRCP Capital Proj ects Fund(4 10)
SCRCP -Co Bluffland Mitigation 810-000000-58326-0000 $750,000
St Croix River Crossing Revenue 410-000000-48921-0000 $750,000
Bluffland Mitigation Expenditure
To allow purchase in 2015 of land not previously budgeted
SC River- Co Bluffland Mitigation 410-000000-58326-0000 $750,000
Treasurer's Cash 410-000000-11110-0000 $750,000
Legal—Fiscal—Administrative Approvals:
Legal Note: None
Fiscal Impact: This real property is purchased from funds held in an agency fund on behalf of
MN/DOT. Upon approval,these funds will be transferred into a capital projects fund
of the County and disbursed to the seller from that fund. There is no tax or
budgetary impact from this transaction.
t_.
Al'
SEAT,.a, Cox, Corpora o� 'outi�e 7/, 3/2015 I obert.Mit et, Interl►n Ia�n<xnce I ect tl I OI
Pa rick ` o7np'son, COO y At mminis d /2015
07/15/15 Administration Committee APPROVED
........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .........
RESULT: APPROVED [UNANIMOUS]
MOVER: Roy Sjoberg, Supervisor
SECONDER: Jill Ann Berke, Supervisor
AYES: Schachtner, Sjoberg, Berke, Kiesler, Achterhof
Vote Confirmation.
Im vus <t er, Su ei-�s 7/20/2015
St. Croix County Board of Supervisors Action:
Roll Call -Vote Requirement—Two-thirds Majority of Entire Membership (13)
........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .........
RESULT: ADOPTED [17 TO 1]
MOVER: Agnes Ring, Supervisor
SECONDER: Travis Schachtner, Supervisor
AYES: Schachtner, Ring, Novotny, Sjoberg, Koch, Nelson, Berke, Ostness, Larson,
Hansen, Kiesler, Brinkman, Peterson, Anderson, Achterhof, Leibfried, Peavey
NAYS: Chris Kilber
ABSENT: Christopher Babbitt
This Resolution was Adopted by the St. Croix County Board of Supervisors on August 4, 2015
Cindy Campbell, County Clerk
Contract to Purchase Real Property—C.A. Richards/St. Croix County
CONTRACT T PURCHASE REAL PROPERTY
The County of St. Croix(hereinafter referred to as "Buyer"), a body corporate, and C.A, and Jeanette Richards,
1729 Golfview Circle, Hudson, WI 54016, (hereinafter referred to as "Seller") do hereby agree as follows:
1. Seller warrants and represents that it is the fee simple owner of record of St. Croix County Parcels Numbers
030-2021-10-000, 030-2021-70-000, 030-2022-10-100, Town of St. Joseph, County of St. Croix, and State of
Wisconsin (hereinafter referred to as"Premises', more particularly described below:
Three parcels of land containing 53.29 acres more or less located in the Southwest Quarter of the
Southeast Quarter, in the Southeast Quarter of the Southeast Quarter, in Government Lot 3 and in
Government Lot 4, all in Section 1, Town 29 North, Range 20 West, St, Croix County, Wisconsin,
further described as follows:
Parcel 1, Part of Government Lot 3, Commencing at the Southeast corner of said Government Lot 3;
thence west 1100 feet, more or less, to the Southwest corner of said Government Lot 3, thence
North 38 degrees 40 minutes East 1736 feet, more or less to a point on the North line of said
Government Lot 3, 48 feet West of the Northeast corner thereof; thence East on said North line 48
feet to Northeast corner of said Government Lot 3, thence South on the East Line of said
Government Lot 3 to place of beginning; and
Parcel 2,All of Government Lot 4, Section 1, Town 29 North, Range 20 West;and
Parcel 3, A parcel 66 feet wide running East and West from Government Lot 4 to State Trunk
Highway 35 over the South 66 feet of Section 1, Town 29 North, Range 20 West, West of State
Trunk Highway 35
together with all easements, rights of way and appurtenances thereto, any rights of adverse
possession in any adjacent property Seller may have, and all of Seller's right, title, and interest in all
public ways adjoining the property.
2. For and in consideration of the mutual covenants and subject to the terms and conditions set forth herein, the
Seller agrees to sell and convey, and the Buyer agrees to purchase, the Premises.
3. The purchase price for the Premises is seven hundred forty-six thousand dollars ($746,000). Purchase price
shall be paid by bank draft on the date of closing and upon delivery and recording of the warranty deed as
provided herein.
4. Seller shall convey the Premises to Buyer by warranty deed free and clear of all liens and encumbrances
except municipal and zoning ordinances and agreements entered under them, recorded easements for the
distribution of utility and municipal services, recorded building and use restrictions and covenants, which
constitutes merchantable title for purposes of this transaction and general taxes levied in the year of closing
provided none of the foregoing prohibit present use. Buyer agrees to complete with Seller's assistance and
Seller agrees to execute and deliver to Buyer the documents necessary to record the conveyance. Seller shall
pay the Wisconsin Real Estate Transfer Fee and any other recording costs.
5. Seller and Buyer each represent and acknowledge that this is a voluntary acquisition (i.e., an "arm's length
transaction") and that each acted in its own best interest in negotiating and carrying out this transaction.
6. Seller represents that the Premises is offered for sale on the open market and that there are no owner or
tenant occupants involved.
7. Seller understands that Buyer is not acquiring the Premises by condemnation, and that Buyer has not
exercised or threatened to exercise its power of eminent domain. Neither the Seller, nor any person or entity
occupying the Premises, is entitled to any remedy afforded by Ch. 32 Wis. Stats. as to this transaction. Seller
hereby releases Buyer from any and all liability under Ch. 32 Wis. Stats. as to this transaction.
1
Contract to Purchase Real Property—C.A. Richards/St. Croix County
8. Buyer's obligation to conclude this transaction is conditioned upon:
• Recommendation of Approval by the Administration Committee; and
• The approval of the purchase and funding, through the adoption of a resolution, by the St. Croix County
Board of Supervisors.
If either of the foregoing conditions is not satisfied prior to the date of closing, this Contract shall, at Buyer's
sole option, terminate and be of no further force or effect unless extended pursuant to the provisions of
Paragraph 17 infra.
9. Any and all real estate taxes shall be paid by the Seller. Any outstanding assessments shall be paid by the
Seller at the time of closing.
10. Assessments, if any, for work on site actually commenced or levied prior to date of the closing shall be paid by
Seller.
11. A possible driveway encroachment of approximately 310 feet long and 0 to 30 feet wide in the Northwest
corner of Government Lot 3 was identified in 2005 by Seller and through 2014 Light Detection and Ranging
(LiDAR) data. The encroachment has not been resolved by grant of easement and both parties acknowledge
the encroachment exists.
12. Seller warrants and represents to Buyer that Seller has, aside from those mentioned elsewhere herein, no
notice or knowledge of any:
• Planned or commenced public improvements which may result in special assessments or otherwise
materially affect the Premises;
• Federal, state or local regulation, or court order requiring repair, alteration, or correction of any existing
condition;
• Underground storage tanks on the Premises;
• Active or abandoned well on the Premises;
• Hazardous and/or toxic substance, materials, waste, or conditions on or affecting the Premises;
• Risk of environmental contamination of the Premises.
• Boundary or lot line disputes encroachments or encumbrances;
• Zoning or land use issues impacting the Premises;
• Limited short or long term agricultural leases for the Premises.
• Other conditions of any kind which affect the Premises and should be disclosed to Buyer.
13. Buyer shall be provided a title insurance policy in the amount of the purchase price by the Seller. Title to be
conveyed shall be merchantable title, free and clear of all liens, encumbrances, restrictions, and easements,
unless waived by Buyer. If there are any defects in title, the Seller shall have forty-five (45) days to cure said
defects to the satisfaction of the Buyer; and if the Seller fails to do so, the Buyer may take necessary action to
perfect the title and to deduct the cost thereof from the purchase price.
14. Possession and occupancy of the Premises shall be given to Buyer on the date of closing.
15. Seller agrees to allow access to the property for inspection and County agrees to return the property to its
original condition after inspection.
16. If the condition of, or any condition or factor affecting, the Premises significantly or materially changes prior
to closing this Contract may be terminated at option of Buyer.
17. Closing shall take place not later than September 30, 2015, at a location, date and time to be mutually agreed
by the Buyer and Seller.
18. This Contract may be extended one time for up to one month upon the prior written consent of Buyer and
Seller.
2
Contract to Purchase Real Property—C.A.Richards/St. Croix County
19. Acceptance of this Contract occurs when the Buyer and Seller have signed the Contract. The Contract,
including any amendment contains the entire Contract of the Parties regarding the transaction. All prior
negotiations and discussions are merged into this Contract. This Contract binds and inures to the benefit of
the parties and their successors in interest. The covenants and agreements herein are to be binding upon
and inure to the benefit of the parties hereto, their respective heirs, representatives, successors, and assigns
and shall survive the date of closing and consummation of the sale and purchase.
20. Seller acknowledges and understands that the St. Croix County Corporation Counsel represents the Buyer.
21. Seller acknowledges having had the opportunity to consult with an attorney of their choosing and at their
expense prior to entering into this Contract.
22. Seller acknowledges having read and fully understands this Contract.
23. Buyer and Seller agree to act in good faith and use due diligence in completing the terms of this Contract.
24. This Contract constitutes the entire agreement between the parties and may not be changed except by a
contract in writing and signed by the parties.
EACH PARTY HAS REVIEWED AND FULLY UNDERSTANDS THIS CONTRACT.
Accepted and agreed this day of GC- ' 2015.
Ellen Denzer, Community D el pment Director
Accepted and agreed this f day of u h , 2015.
Patrick Thompson, St. Croix ounty Administrator
BUYERS
Accepted and a reed this `v day of 12015.
C.A. Richards
Accepted and agreed this % day of °A, ft'l , 2015.
Je nette Richards
SELLERS
DRAFTED BY:
Scott Cox,St.Croix County Corporation Counsel
St.Croix County Government Center
1101 Carmichael Road,
Hudson.W154016
N 715-381-4315 FAX 4 715-381-4301
State Bar Member# 1000370
stcroix
C R O S mr,66 HtiIIJ flD
St. Croix River Crossing
Bluff line Mitigation
C.A. & Jeanette w Property,
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e lil sir
C . A. & Jeanette Richards Property
53.29 acres, Section 1,
Town of .St. Joseph
Parcel 1: 17.36 acres
Parcel . 33.5 acres
Parcel acres
Site Features
1300 feet St. Croix River
shoreline
2000 feet St. Croix River
bluffline
2014 Property Tax Record
G6-undeveloped, $543,300
Key Decision Points
• Funding Purpose
• County Criteria
• Location, Location, Location
• Water Quality Opportunity
• Scenic Preservation
Opportunity
• Recreation Opportunity
• Timing, Timing, Timing
• Market Price
• Funding Availability
Bluff line Mitigation MOU Objectives
• "...for protection of replacement lands (within
the Riverway Basin) to offset the impacts of a
new crossing on the Wisconsin bluff."
• Protected lands perpetually maintained for:
— Land and water conservation purposes
— Water Quality Preservation & Improvement
— Erosion and Stormwater Control
— Scenic protection
— Protection for historic properties
— Compatible uses , including low-impact recreation
Criteria Score — 52 out of 62
..............
f
Land Acquisition
Priority Area
.' ! ������l%IJ(✓/ ri�/�'����1 Irk "
Richards:
—4 miles south of Loop Trail
3 miles east of Willow River �r'1�
State Park
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Legend
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Bluff Line
distance
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RIVERWAY.._.._...DISTRICT
Exceptional, Large Acreage Site
on St. Croix River
• One of a few opportunities for St. Croix River
Shoreline Preservation on the Lower St. Croix River
• 53.29 acres is the 3rd largest privately-owned,
undeveloped St. Croix River site in the County
— 2000 feet of St. Croix River Bluff line
— 1300 feet of St. Croix River Shoreline
• Adjacent to the largest privately-owned
undeveloped St. Croix River site, (Eckert)
— Government and non-profit owned parcels excluded
from comparison
Conservation Value -- Sensitive Features
• Severe Erosion in exists 6+ onsite
ravines
• Bluffline damage/possible future
wash-outs
• Severe Erosion occurring on adjacent
parcels
• Sandy Loam Soils — excessively
erodible, underlain by sand and gravel
12 to 35% slopes
• Adjacent properties with
development potential would increase
erosion without intervention practices
Conservation Value — Rare Opportunity
• St. Croix River Water Frontage
• St. Croix River Boat Access
• Scenic Land View from the St. Croix River
• Scenic Bluff line Views of the St. Croix River
• Old Growth Oaks
• Largely undisturbed
• Naturally wooded
Low-impact Outdoor Recreation
• Current Use • Open Space Protection
Undeveloped, native oak • Water Quality Benefits
savannah
— Protect several ravines from additional
• Possible Use erosion by maintaining/restoring
— Open Space upland-native plant communities
• Scenic Overlook • Proximity
• Observation Tower — St. Croix Crossing Loop Trail
— Outdoor Recreation
• Facilities
• Swimming (river access) — Basic park amenities
— Parking
• Fishing — Bathrooms
• River Wayside-Picnicking • Permanent vs. satellite
• Upland Picnicking — Water supply-possible
• Multi-season activities — Security Lighting-possible
— snowshoeing
• Limitations
• Hiking &Limited Biking — Overhead Power
— Emergency access to river
• Hunting/Trapping — Service access
• Bird Watching • shoreline maintenance
• Geocaching — Handicapped Access to River; Hiking
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Timing is Everything
• Owner is 79 Years Old
• Serious Personal Health Issue
• Serious Family Health Issue
• Strong conservation ethic — Family helped start Trees for
Tomorrow in 1944, Trees For Tomorrow, Eagle River, WI
Mission: To deliver balanced, objective information on the
management and use of trees, forests, and other natural
resources. http://treesfortomorrow.com/
• Personal commitment to sell and close in 2015
• Prefers to sell to St. Croix County to see site protected
Market Values
• $ Appraisal 6- 10- 15
• $700,000 Verbal Offer 5- 18- 15
• $543,1300 St. Joseph Fair Market -- 2014
• $7501000 Offer to purchase — 2010
• $9001000 Offer to purchase — 2009
• $ 1 .4 million Purchase Agreement -- 2003
• $ 1 .4 million Contract to purchase -- 2001
Funding Summary
Bluff line Mitigation St. Croix County
$4.5 Million $2,000,000
St. Croix County Appraisals -20,000
• $2.,000.,000 Joyce Trust $ -163,152
Town of St. Joseph Joyce Closing -5,000
• $500.,000 Richards $ -746,000
Wisconsin DNR
• $2,000,000 Net 1,065,848