HomeMy WebLinkAboutResolution 2018 (16) Resolution No. 16 (2018)
ST. C}l LINTY. RESOLUTION TO PROVIDE MITIGATION FUNDING TO THE TOWN
h4 Cd ,; 4
" - � OF ST. JOSEPH FOR WALDROFF LAND ACQUISITION ADJACENT TO
HOMESTEAD PARKLANDS ON PERCH LAKE
1 WHEREAS, the St. Croix County Outdoor Recreation Plan, adopted by the
2 County Board of Supervisors identifies the need to expand outdoor recreational opportunities in
3 the County through land acquisition, facility development and expansion of a county-wide
4 multijurisdictional trail system; and
5
6 WHEREAS, a goal of the Town of St. Joseph Outdoor Recreation Plan is to
7 identify, develop, maintain and retain land for active and/or passive outdoor recreational
8 purposes for the conservation and protection of scenic, threatened, environmentally sensitive,
9 historic, natural or cultural resources resources and native natural areas; and
10
11 WHEREAS, St. Croix County and the Town of St. Joseph entered into a
12 Cooperative Agreement for Riverway Mitigation as part of the St. Croix River Crossing Project
13 with the Minnesota Department of Transportation, MN/DOT Agreement No. 95705 on April 19,
14 2012,per the agreement, St. Croix County received $2 million and Town of St. Joseph received
15 $500,000 for mitigation to blufflands to provide replacement lands that offset the impacts of a
16 new crossing on the Wisconsin bluff and provide land and water conservation, scenic protection
17 and low-impact public recreation; and
18
19 WHEREAS, the Town of St. Joseph entered into a contract on July 13, 2017 to
20 purchase real property of 117.2 acres for $1.3 million plus closing costs from Jeffery L. and
21 Chad Waldroff(Exhibit A); and
22
23 WHEREAS, acquisition of 117.2 acres of undeveloped land containing high-
24 quality pothole wetlands, natural springs, rolling native grassland habitat and adjacent to
25 Homestead Parklands on Perch Lake, which is classified as an Outstanding Resource Water
26 combined, would protect and provide the public with access to over 200 acres of greenspace near
27 Perch Lake; and
28
29 WHEREAS, the Town of St. Joseph and St. Croix County have consulted with and
30 received concurrence from the Wisconsin Department of Natural Resources to purchase the
31 117.2 acres; and
32
33 WHEREAS, the Town of St. Joseph will utilize its $500,000 of St. Croix River
34 Crossing Bluffline Mitigation funds,provided through the MN/DOT Agreements No. 95705,
35 which are non-levy funds for the acquisition and;
36
37 WHEREAS, the Town of St. Joseph has been awarded a Knowles-Nelson
38 Stewardship grant for $508,000 from the Wisconsin Department of Natural Resources (Exhibit
39 B); and
40
41 WHEREAS, St. Croix County will provide up to $310,000 of the County's St.
42 Croix River Crossing Bluffline Mitigation funds, which are non-tax levy funds, to the Town of
43 St. Joseph for the Waldroff Land Acquisition; and
44
45 WHEREAS,in exchange for the County's contribution of up to $310,000, the
46 Town of St. Joseph will deed to St. Croix County the 40 acres adjacent to Homestead Parklands
47 on Perch Lake, of the 117.2 acres of Waldroff Land (Exhibit C).
48
49 THEREFORE,be it resolved that the St. Croix County Board of Supervisors
50 approves the transfer of three hundred and ten thousand dollars ($310,000); and
51
52 FURTHER be it resolved that the St. Croix County Board of Supervisors approves
53 the acquisition of 40 acres adjacent to Homestead Parklands on Perch Lake, further described as
54 NEI/4 SEI/4, Section Twenty-nine (29), Township Thirty (30)North, Range Nineteen (19)
55 West, Town of Saint Joseph, St. Croix County, Wisconsin,parcel number 030-1083-60-000; and
56
57 FURTHER be it resolved by the St. Croix County Board of Supervisors that the 40
58 acres is acquired under MN/DOT Agreement No. 95705 and No. 95704 Cooperative Agreement
59 for Riverway Mitigation Items are part of the St. Croix River Crossing Project between The
60 Minnesota Department of Transportation and St. Croix County, Wisconsin, and per that
61 agreement are considered protected lands which will be perpetually maintained for land and
62 water conservation purposes, scenic protection and other compatible uses, including low-impact
63 public recreation; and
64
65 FURTHER,be it resolved that the Community Development Department shall
66 comply with all Stewardship laws and regulations and will meet its obligations under the terms
67 of the grant; and
68
69 FURTHER,be it resolved that the St. Croix County Board of Supervisors
70 authorizes the expenditure of funds from the following accounts: 410-7700-699326-58220-
71 000000.
Legal—Fiscal—Administrative Approvals:
Legal Note:
Fiscal Impact: There is no financial impact to St. Croix County as the land acquisition will be
done with Riverway Mitigation and Stewardship grant funding,which has no levey
impact. The Town of St. Joseph will operate and maintain 77.2 acres and 40
acres will be given to St. Croix County to add to Homestead Parklands on Perch
Lake,which already has an operating budget and staff.
y
cott Cox, Corporati n ounsel 6/ 0/2018
K , d im-Fi c or 6/20/2018
(Patrick Thompson,County Administrator 6/2 /2018.
06/21/18 Community Development Committee RECOMMENDED
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RESULT: RECOMMENDED [UNANIMOUS]
MOVER: Judy Achterhof, Vice Chair
SECONDER: Ed Schachtner, Supervisor
AYES: Ed Schachtner, Daniel Hansen, Judy Achterhof
EXCUSED: Tom Coulter, District 13, Dick Hesselink
07/09/18 Administration Committee RECOMMENDED
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RESULT: RECOMMENDED [UNANIMOUS]
MOVER: Dan Fosterling, Supervisor
SECONDER: Shaela Leibfried, Supervisor
AYES: Roy Sjoberg, Dan Fosterling, David Peterson, Shaela Leibfried
EXCUSED: Tammy Moothedan
Vote Confirmation.
Cku'rciNM rrsc^okC �briru'nil' ,velogad7 nt Chaarman 6/26,/2018
SL Croix County Board of Supervisors Action:
Roll Call -Vote Requirement— Majority of Supervisors Present
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ..................
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel Hansen, Supervisor
SECONDER: Scott Nordstrand, Supervisor
AYES: Schachtner, Nordstrand, Miller, Coulter, Long, Moothedan, Fosterling, Feidler,
Ostness, Larson, Hansen, Brinkman, Peterson, Anderson, Achterhof, Leibfried,
Peavey
ABSENT: Roy Sjoberg, District 13
This Resolution was Adopted by the St. Croix County Board of Supervisors on August 7, 2018
Cindy Campbell, County Clerk
Contract to Purchase Real Property—Jeffrey L. and Chad Waldroff/Town of St. Joseph
CONTRACT TASE REAL PROPERTY
The Town of St. Joseph, 1337 County Road V, Hudson, WI. 54016, (hereinafter referred to as "Buyer"), a
municipality, and Jeffrey L. and Chad Waldroff, 480 Perch Lake Road, Hudson, WI 54016, (hereinafter referred to
as "Sellers") do hereby agree as follows:
1. Sellers warrants and represents that it is the fee simple owner of record of St. Croix County Parcels Numbers
030-1081-20-000, 030-1081-80-000, and 030-1083-60-000 Town of St. Joseph, County of St. Croix, and State
of Wisconsin (hereinafter referred to as"Premises', more particularly described below:
One parcel of land containing 37.2 acres, NE%-NE%, Section Twenty-nine(29), Township Thirty
(30)North, Range Nineteen(19) West lying South of Road EXC PT to Town 603/630&EXC PT in
694/63;and
One parcel of land containing 40,0 acres, SE%-NE% Section Twenty-nine(29), Township Thirty
(30)North, Range Nineteen(19) West, Town of Saint Joseph, St, Croix County, Wisconsin,and
One parcel of land containing 40,0 acres, NE%-SE%, Section Twenty-nine(29), Township Thirty
(30)North, Range Nineteen(19) West, Town of Saint Joseph, St. Croix County, Wisconsin.
together with all easements, rights of way and appurtenances thereto, any rights of adverse
possession in any adjacent property Sellers may have, and all of Sellers'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
Sellers agree to sell and convey, and the Buyer agrees to purchase, the Premises.
3. The purchase price for the Premises is One Million Three Hundred Thousand Dollars ($1,300,000.00). The
purchase price shall be paid in full at closing.
4. Sellers 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 Sellers'assistance, the
documents necessary to record the conveyance. Seller shall pay the Wisconsin Real Estate Transfer Fee.
Buyer shall pay the recording costs.
5. Sellers 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. Sellers represent that the Premises is offered for sale on the open market and that there are no owner or
tenant occupants involved.
7. Sellers understand 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 Sellers, nor any person or entity
occupying the Premises, is entitled to any remedy afforded by Ch. 32 Wis. Stats. as to this transaction. Sellers
hereby release Buyer from any and all liability under Ch. 32 Wis. Stats. as to this transaction.
8. Sellers agree to allow Buyer access to the property to undertake a boundary or ALTA Survey at the Town's
option and to stake the boundaries of the 117.2 acres proposed for purchase. Buyer agrees to pay for the
survey work. Sellers agree to allow Buyer to access the property for soil tests for a future sanitary system, and
any other tests the Buyer deems appropriate including but not limited to environmental testing. Buyer agrees
to return the property to its original condition after tests.
9. Buyer's obligation to conclude this transaction is conditioned upon:
® Town Board approval of the purchase agreement, purchase price, and funding sources, through the
adoption of a resolution, by the Town Board of the Town of St. Joseph; and
■ Town Board approval of Town's inspection and testing of the property; and
Contract to Purchase Real Property—Jeffrey L. and Chad Waldroff/Town of St. Joseph
■ Town Board approval of the boundary or ALTA Survey finalizing the legal description by the Town of St.
Joseph and St. Croix County Community Development; and
■ The Town of St. Joseph securing a Knowles-Nelson Stewardship Grant from the State of Wisconsin for
purchase of described parcels; and
■ The Town of St. Joseph securing additional grant funding sufficient to pay the purchase price from sources
such as St. Croix County, the State of Wisconsin, any Land Trust within the State of Wisconsin, and or the
Federal government, or others.
If any of the foregoing conditions are 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 19.
10. Sellers reserve the right to inform the Buyer if they would like a family name to be part of the Buyer's official
name for the Premises. The Sellers shall notify the Buyer in writing of the specific name and the proper
spelling within 30 days of acceptance of this contract.
11. All real estate taxes for the preceding years shall be paid by the Sellers. The real estate taxes for the current
year shall be prorated at closing, through the day prior to closing, based upon the net general real estate
taxes for the preceding year. Any outstanding special assessments shall be paid by the Sellers at the time of
closing by deduction from the purchase price.
12. Assessments, if any, for work on site actually commenced or levied prior to date of the closing shall be paid by
Sellers at closing by deduction from the purchase price.
13. Sellers warrant and represent to Buyer that Sellers have, 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;
■ Limited short or long term agricultural leases for 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;
Other conditions of any kind which affect the Premises and should be disclosed to Buyer.
14. Buyer shall be provided a title insurance policy, to be paid for by the Buyer. 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 Sellers shall have forty-five (45) days to cure said defects to the
satisfaction of the Buyer; and if the Sellers fail to do so, the Buyer may take necessary action to perfect the
title and to deduct the cost thereof from the purchase price, or, at Buyers option, Buyer may terminate this
Contract.
15. Possession and occupancy of the Premises shall be given to Buyer on the date of closing.
16. Sellers agree to allow access to the property for inspection and testing as described in this Contract. The
Town of St. Joseph agrees to return the property to its original condition after inspection.
17. 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 the option of Buyer.
18. Closing shall take place not later than May 31, 2018 at a location, date and time to be mutually agreed by the
Buyer and Sellers.
Contract to Purchase Real Property—Jeffrey L. and Chad Waldroff/Town of St. Joseph
19. This Contract may be extended one time for up to six months upon the prior written consent of Buyer and
Sellers.
20. Acceptance of this Contract occurs when the Buyer and Sellers 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.
21. Sellers acknowledge and understand that the attorney for the Town of St. Joseph represents the Buyer.
22. Sellers acknowledge having had the opportunity to consult with an attorney of their choosing and at their
expense prior to entering into this Contract.
23. Sellers agree to restore the current crop land (approximately 40 acres) to native prairie habitat, no later than
May 15, 2018 or as outlined in a restoration management plan. Sellers may pursue financial assistance by
I1-:&-.j e`--- Y -G . --
enrolling
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land
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program called State Acres For wildlife Enhancement Program (SAFE) or other related programs. Sellers will
work with the Buyer to develop a restoration plan.
24. Sellers and Buyer acknowledge having reviewed this Contract.
25. Buyer and Sellers agree to act in good faith and use due diligence in completing the terms of this Contract.
26. 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.
BUYER:
Accepted agreed this day of �� - 2017.
By: N�k
homas J. S an' I, air Town of St. Joseph
SELLERS:
Accepted and agreed this /` _day of , 2017.
"Jeff �. dro
2VX
Accepted and agreed this day of OL`� , 2017.
Chad Waldroff
f
State of Wisconsin
DEPARTMENT OF NATURAL RESOURCES Scott Walker, Governor
101 S.Webster Street Daniel L. Meyer,Secretary
Box 7921
Madison Wl 53707-7921 Telephone 608.266-2621
Toll Free 1-888-936-7463 WISCONSIN
TTY Access via relay 711 DEPT.OF NATURAL RESOURCES
June 8, 2018
®ACTION NEEDED
Acquisition and Development of Local Parks
Grant# S-ADLP3-18-1289
Graut Amount: $303,894.00
Urban Green Space
Grant# UGS3-18-209
Grant Amount: $204,106.00
Thomas Spaniol
Town of.St. Joseph
1337 CTH V
Hudson, Wl 54016
Deal- Mr. Spaniol,
On belialf of the Governor, I ant pleased to forward to you a grant contract for acquisition of the Waldroff
Property.
Please review the contract. Within 30 clays of this letter's date,please return a copy of the contract, signets
by the authorized officials and notarized, to Beth Norquist at the DNR West Central Region, 1300 W
Clairemont Ave, Eau Claire, WI 54701.
Please read the items below. They apply to your project and grant award.
® Grant Award Time Period: June 7, 2018, through June 30, 2020. All project activities must occur
within this time period to be eligible costs for reimbursement.
® Reimbursement Check: Your reimbursement check will be mailed to Thomas Spaniol,Town of St.
Joseph, 1337 CTI-I V, Hudson, WI 54016. This is the check recipient that appears in our records.
® Changes to the approved project scope may not be made without prior approval from the Department.
o "file entire grant contract, including the legal description and deed restriction paragraph provides[ ill the
contract, must be recorded on the deed(s) in order to process your final reimbursement. Please send
Beth a copy of the recorded contract before requesting final reimbursement.
ReimbUl'sement claim forms and/or financial administration information can be found by going to:
littL)://diii'.Nvi.gov/Aict/foi-iiis.Iiiiiii. Please submit reimbursement claim forms for your project to Beth. Peel free to
contact Beth at 715-839-3751, if you have any questions about your grant award or the reimbursement
dnr.wi.govoE0
� Eo
wisconsin.gov 1VaturalIy WISCONSIN _ PAPFF
UGS318206
procedures. You may be contacted by the Office of the Governor 01•your state Legislator concerning the issuance
of a press release to publicize the grant award.
The Department is pleased to have the opportLill ity to participate with you on this project.
Sincerely,
r
Jennifer Giluring
Grant Manager
Enclosure
C: Beth Norquist - WCR
Page 2 of 2
71iis document drafted Gy:
State of Wisconsin OUTDOOR RECREATION AIDS
Department of Natural Resources
P.O. Box 7921 GRANT CONTRACT
Madison WI 53707-7921 Form 8700.065c (8112)
Notice
Collection of this information is authorized under ss. 23.09(11),23.09(26),350.12(4),23.33,and
30.92,Wis.Stats.,and chs. NR 7,NR 50, NR 51,and NR 64,Wis.Admin.Code. Personally
identifiable information collected will be used for program administration and may be made available
to requesters as re wired under Wisconsin's Open Records Law ss.19.31 - 19.39,Wis.Stats.
Sponsor: Project Numbers:
Town of Saint Joseph 8-A€]LP3-18-1289
UGS3-18-209
Project Title:
Town of St. Joseph—Watdroff Acquisition
Program Name:
Knowles-Nelson Stewardship Program
Acquisition and Development of Local Parks
Urban Green Space
Payment Period: (Period during which grant funds will be encumbered and available for
payment to the Sponsor under this Outdoor Recreation Aids Grant Contract, hereinafter referred Name and Return Address
to as the"Contract")
June 7,2018 through June 30, 2020
Project Scope:
The Town of St.Joseph will acquire 117 acres know as the Waldroff Property(T30N R19W
Section 29 NE1/4 NEI/4). Parcel Identification Number(PIN)
Legal Description (hereinafter referred to as Property):
One Parcel of land rontaining_?7.2 acres, NF1-NFA, Section Twonty-nine(29), Tavmship Thirty
(30)North, Range Nineteen (19) West lying.South of Road EXC PT to Town 603/630 A EXC PT in
699/53;and
one Parcel Of land containing 40.0 acreS, SEfv-NEI, Sectlon Twenty nine(29), Townshlp Thirty
(30)North, Range Nineteen (19) West, Town of Saint 36seph, St. Croix County, Wisconsin,, and
one Parcel of land containing 40.0 acres, NE1-5E%, Section Twenty-nine(29), Township Thirty
(30)North, Range Nineteen (19) West, Town of Saint Joseph, St Croix County, Wisconsin.
All obligations,terms, conditions and restrictions imposed by this Contract shall be deemed to be covenants and restrictions
running with the Property,shall be limited to the use and development of the Property from the date of this Contract, and
shall bind the parties hereto and their respective personal representative, successors, and assigns, in perpetuity. The rights
herein conveyed are subject to the interests of the State of Wisconsin and the Department of Natural Resources Stewardship
Program under Chapter 23,Wisconsin Statutes and Chapter NR 51 of the Wisconsin Administrative Code.
By acceptance of this Contract the Sponsor, for itself, its successors and assigns, hereby covenants and agrees not to
convey, sell, lease, assign, mortgage or otherwise encumber the Property or convert it to uses or purposes inconsistent with
the Stewardship Program and this Contract without the prior written approval of the Wisconsin Department of Natural
Resources.
Project Financial Assistance Summary The following documents are hereby incorporated
Into and made part of this Contract:
Total Project Cost $1,016,000.00 1. Chapter 23,Wis.Stats.
2. Chapter NR 51,Wisconsin Administrative Code
3. Chapter NR 52,Wisconsin Administrative Code
Cost-Share Percentage 50% 4. Grant Application,attachments, and addendums
State Aid Amount S-ADLP$303,894.00
UGS $204,106.00
Project Sponsor Share $508,000.00
A. General Conditions:
1. The State of Wisconsin Department of Natural Resources (Department)and the Sponsor mutually agree to perform this Contract in
accordance with the Acquisition and Development of Local Parks and Urban Green Space subprograms and with the project proposal,
application, terms, promises, conditions, plans, specifications, estimates, procedures, maps and also any assurances attached and made
a part of this Contract,
2. This Contract, together with any referenced parts and attachments, shall constitute the entire Contract and previous communications,
understandings, representations or contracts pertaining to the subject matter of this Contract are superseded. Any revisions, including
cost adjustments, shall be made by a written amendment to this Contract, signed by both parties prior to the termination date of the
Contract. Time extensions and scope changes to the Contract may be granted to the Sponsor by the Department in writing without the
requirements of Sponsor signature.
3. Failure by the Sponsor to comply with the terms of this Contract may not cause the suspension of all obligations of the State if, in the
judgment of the Secretary of the Department, such failure was not the fault of the Sponsor. In such case, any amount required to settle at
minimum costs any irrevocable obligations properly incurred shall be eligible for assistance under this Contract, at the Department's
discretion.
The Project Sponsor:
4. Agrees to comply with all applicable state, local and federal statutes and regulations in fulfilling terms of this Contract, including but not
limited to, general and special zoning, land use permit requirements,disability access, environmental quality, historical and archeological
preservation. In particular, the Sponsor agrees to comply with the provisions of Chapter NR 51,Wis.Adm. Code, as well as comply with
all applicable local and state contract and bidding requirements. The Sponsor should consult its legal counsel with questions
concerning Contracts and bidding.
5, May decline the offer of financial assistance provided through this Contract, in writing, at any time prior to the starting of the project and
before expending any funds. After the project has been started or funds expended,this Contract may be rescinded, modified, or
amended only by mutual written agreement of the parties,
6. Agrees, to save, keep harmless, defend and indemnify the Department and all its officers, employees and agents, from and against any
and all liability claims, costs of whatever kind and nature, for injury to or death of any person or persons, and for loss or damage to any
property(state or other)occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operation or
performance of work in connection with this Contract or omissions of Sponsor's employees, agents or representatives.
7. Agrees to reimburse the Department of any and all funds the Department deems appropriate in the event the Sponsor fails to comply with
the conditions of this Contract or project proposal as described, or fails to provide public benefits as indicated in the project application,
proposal description or this Contract. In addition, should the Sponsor fail to comply with the conditions of this Contract,fail to progress
due to non-appropriation of funds, or fail to progress with or complete the project to the satisfaction of the Department, all obligations of
the Department under this Contract may be terminated, including further project cost payment.
8. Agrees, in connection with the performance of work under this Contract, not to discriminate against any employee or applicant for
employment because of age, race, religion, color,disability, handicap, sex, physical condition, developmental disability as defined in s.
51.01(5),Wis. Status, sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The Sponsor further agrees to take affirmative action to ensure equal employment
opportunities, as required by law. The Sponsor agrees to post in conspicuous places available, for employees and applicants for
employment, notices to be provided by the Contracting officer setting forth the provisions of the nondiscrimination clause.
9. Agrees not to discriminate against any person in the use and enjoyment of the property on the basis of age, race, creed, color, handicap,
marital status, conviction record, arrest record, sex, national origin, ancestry, sexual orientation or membership in the national guard, state
defense force or any other reserve component of the military forces of the United States or this state.
10. Agrees that reasonable entrance, service or user's fees may be charged and retained by the Sponsor to defray operation and
maintenance costs subject to Department review and approval. If such fees do not exceed the fees charged for daily entrance to state
parks, Department fee approval is not required.
11. Agrees that income accruing to the Property shall be used to further the objectives of the project as stated in this Contract or to further the
objectives of another Stewardship project. However, if the Property is entered into the County Forest Law Program, income derived from
that program shall be distributed according to s. 28.11 Wis. Stats.
12. Shall maintain financial and accounting records for the grant in accordance with generally accepted accounting principles and practices.
These records may be reviewed by state officials.
13. Shall display a sign at the property acknowledging funding through the Knowles-Nelson Stewardship Program and Wisconsin Department
of Natural Resources.
14. Shall agree to have an annual audit performed in accordance with 2 CFR Part 200 Uniform--Administrative Requirements, Cost
Principles, &Audit Requirements for Federal Awards (also known as"Uniform Guidance")and WI State Single Audit Guidelines found at
http://www.doa.state.wi.us/Divisions/Budget-and-Finance/Financial-Reporting/state-controllers-office/state-single-audit-guidelines issued
by Wisconsin Department of Administration, State Controller's Office, if Grantee expends federal grant funds totaling$750,000 or more
during the fiscal year and the those funds were received from a State or Federal agency.
The Department:
15. Promises, in consideration of the covenants and Contracts made by the Sponsor, to obligate for the Sponsor the amount shown as"State
Aid Amount"on page 1, and to tender to the Sponsor that portion of the obligation which is required to pay the Department's share of the
costs based upon the state providing 50 percent of eligible project costs. The Sponsor promises, in consideration of the promises made
by the Department, to execute the project described in accordance with this agreement.
16. Agrees that the Sponsor shall have sole control of the method, hours worked, and time and manner of any performance under this
agreement other than as specifically provided in this document. The Department reserves the right only to inspect the job site or
premises for the sole purpose of insuring that the performance is progressing or has been completed in compliance with the agreement.
The Department takes no responsibility of supervision or direction of the performance of the agreement to be performed by the Sponsor
or the Sponsor's employees or agents. The Sponsor is an Independent Contractor for all purposes, not an employee or agent of the
Department. The Department further agrees that it will exercise no control over the selection and dismissal of the Sponsor's employees
or agents.
B. Special Conditions:
a. Property acquired or developed with assistance from this program shall not be converted to uses inconsistent with public outdoor
recreation without the prior written approval of this Department.
b. Total cost sharing provided through any combination of state and federal funds shall not exceed 100%of all eligible costs.
c. This grant agreement shall be recorded in full on the property's title,
d. The following clause must appear on the title deed or declared as a covenant on the property's title:
The rights herein conveyed are subject to the interests of the State of Wisconsin and the Department of Natural Resources Stewardship
Program under Chapter 23 Wisconsin State Statutes, Chapter NR 51 of the Wisconsin Administrative Code, Chapter NR 52 of the
Wisconsin Administrative Code, and Stewardship Grant Contract Numbers UGS3-18-209 and S-ADLP3-18-1289 (together the
"Contract')entered into by the Town of St. Joseph and the Wisconsin Department of Natural Resources on_<INSERT date grant contract
is signed7_, By acceptance of this deed, the Grantee, for itself and its successors and assigns hereby covenants and agrees no to
convey, sett, lease, assign or mortgage the property herein conveyed orconvert it to uses or purposes inconsistent with the Stewardship
Program and Contract without the prior written approval of the Wisconsin Department of Natural Resources.
e. In accordance with s. 23.09165,Wis. Stats.and additional specifications provided by the Department, the Sponsor shall acknowledge the
state's assistance in acquiring ownership of the Property, and provide notice of public access to the Property, by placement of signs on
the Property. Signs shall be placed at major access points to the Property and list the primary activities allowed or prohibited on the
Property.
f. No portion of the Property shall in the future be used to satisfy land area requirements for other property not subject to this Contract for
the purpose of determining building density, lot coverage or open space requirements under otherwise applicable laws, regulations or
ordinances controlling land use and building density. Development rights have been restricted or extinguished by this Contract, and may
not be transferred to any other property pursuant to a transferable development rights program, cluster development arrangement or
otherwise.
g. The Sponsor shall comply with all public access provisions in s. 23,Wis. Stats. and chs. NR 51 and NR 52,Wis. Admin. Code.Any
Department determinations to allow the prohibition of one or more nature based outdoor activities on the Stewardship Property are noted
in this Contract under the Special Terms and Conditions. The Sponsor agrees to contact the Department if any of the factors identified in
s. NR 52.05,Wis.Admin. Code, changes such that prohibition of any nature based outdoor activity may be necessary or is no longer
necessary. Authority to allow such a prohibition rests solely in the Department
h. Department Determinations to allow approved prohibitions of Nature Based Outdoor Activities on the property: (list determination).
i. One-half of all receipts from the sale of any structures, improvements or personal property that were included in the appraisal for the
Property shall be reimbursed to the Department.
j. The Sponsor agrees, to save, keep harmless, defend and indemnify the Department and all its officers, employees and agents, against
any and all liability claims, costs or whatever kind and nature related to any and all unknown and known environmental hazards
associated with the purchase of Property or rights in Property that are purchased with Department grant funds, by the Sponsor.
k. Acquisition of real property shall be in accordance with state guidelines for preparation of appraisals and relocation assistance.
I. The Sponsor shall comply with Historic Properties State Statute (s.66.0307,Wis. Stats.)or have a clearance letter from the State Historic
Preservation Officer.
The person(s)signing for the Sponsor represents both personally and as an agent of his or her principal that he or she is authorized
to execute this Contract and bind his or her principal, either by a duly adopted resolution or otherwise,
TOWN OF ST. JOSEPH
Signed this day of , 2p
Signature of Sponsor Representative
Typed or Printed Name of Sponsor Representative
Personally came before me this day of , 20 , the above named
to me known to be the person who executed the foregoing instrument and acknowledged the same.
Signature of Notary Public
Typed or Printed Name of Notary Public
Notary Public, State of Wisconsin
My commission expires
State of Wisconsin, County
STATE OF WISCONSIN, DEPARTMENT OF NATURAL RESOURCES
Signed this day of �� 20
BY
Jennifer Gihring, Grant Manager
Bureau of Facilities and lands
Personally came before me this f _day o0tJww 20 / the above named �—
to me known to be the person who executed the fo going instrument and ackno edged the-same.
Signature of Notary Public
SO
00 T AR yAt '
G6y
z% r� Typed or Printed Name of Notary Public
O� F 0 Notary Public, State of Wisconsin
My commission expires..
1�
0111,
1Pljkjk%\QCOJA State of Wisconsin, A County
THIS INSTRUMENT WAS DRAFTED BY THE WISCONSIN DEPARTMENT OF NATURAL RESOURCES
Waldroff Acquisition
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S Feet
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Parcel # 030-1081 -20-000
Owner: Town of St. Joseph
Parcel # 030-1081 -80-000
Owner: Town of St. Joseph
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Parcel # 030-1083-60-000
Owner: St. Croix County
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ST CRo �� � yY. St. Croix River
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• Memorandum of Understanding (MOU)
Minnesota Department of Transportatior
Transportation, Wisconsin Department of
��< • County agrees to implement bluff line mil
acquisition of land or easements
Replacement lands:
• Purchase of fee title, transfer of c
,I conservation easements
• Willing sellers
• Perpetually maintained for land
protection and compatible uses i
recreation
• Protection for historic properties
water conservation goals
. C � a �ryT St. Croix River C
Bluffline Mitigation Funds $2,000,000
Joyce Trust 163,152
• 6.8 acres (SCRC-Loop Trail, Trailhead)
C.A and Jeanette Richards 746,000
• 53 acres (St. Croix River)
Margaret Orf 185,000
• 14 acres (Bass Lake)
Appraisals/Closing Costs 36,531
Total Remaining: $869,317
..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
. C � a �ryT St. Croix River C
Bluffline Mitigation
St. Croix County
Wisconsin D N R
` *Funds transferred to St. Croix County 2017
Subtotal:
Town of St. Joseph
Total:
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Mitigation Funds held by St. Croix County
. C � a �ryT St. Croix River C
Pending Acquisitions
St. Croix County: Eckert Family 31200,000
• 114 acres
Town of St. Joseph: Jeff & Chad Waldroff 11300,000
• 77 acres (Town of St. Joseph)
40 acres (St. Croix County)
117 total
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. C � a �ryT St. Croix River C
St. Croix County - Eckert Land Acquisitic
� St. Croix County-Bluff line Mitigation
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+ b, St. Croix Count Greens ace Funds
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Eckert Stewardship Grant
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Total Funds Availz
Eckert Land Acquisition
Closing Costs
Environmental Reviews
Total Acquisition 0
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Remaining Mitigation Funds
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. C � a �ryT St. Croix River C
Town of St. Joseph — Land Acquisition Status
St. Croix County-Remaining Mitigation Funds
Transfer to Town of St. Joseph (Waldroff Acquisition)
• County to receive 40-acres adjacent to Homestead Park
Town of St. Joseph Bluffline Mitigation Funds
Waldroff Stewardship Grant
St. Croix County Transfer of Mitigation Funds
Total Mitigation Funds Available
Waldroff Land Acquisition
• Closing Costs
Total Acquisition Costs
. R aUNTY
St. Croix River C
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° /�� Jeff and Chad Waldroff
117 acres total
3-high quality wetlands
Natural springs
Rolling topography
Native prairie and oak savannah
77 acres-Town of St. Joseph Nature Preserve
• Prairie restoration, parking lot, small shelter, mowed
hiking trails, benches, interpretive markers
• Open for hunting, trapping, hiking, cross-country skiing
and bird watching
40 acres-St. Croix County (adjacent to Homestead Park)
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• Prairie restoration, native oaks protected, hiking trails,
scenic overlook to Perch Lake
. C � a �ryT St. Croix River C
Next Steps:
Community Development Committee
June 21 , 2018 Resolution
Administration Committee
• July 16, 2018 Resolution
• July 16, 2018 Resolution Town Loan
County Board of Supervisors
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9
• August 7, 2018 Resolution
Closing on property
• Tentatively August 8, 2018
. C � aUNTY
St. Croix River C
St. Croix County-Remaining Mitigation Funds $ 338,576
Funds to be spent by May 2019
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