HomeMy WebLinkAboutResolution 2019 (15) Resolution No. 15 (2019)
ST. R�.J►9, �'w '° �..1NTY RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY, 978
TROUT BROOK ROAD, TOWN OF HUDSON AND DONATE TO
WDNR AS ADDITIONAL PARKLAND FOR WILLOW RIVER STATE
PARK
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, St. Croix County is projected to continue to be a fast-growing county and
7 preservation of open space and expansion of existing park facilities is needed to serve a growing
8 population; and
9
10 WHEREAS, St. Croix County and the Wisconsin Department of Natural Resources
11 entered into a Cooperative Agreement for Riverway Mitigation as part of the St. Croix River
12 Crossing Project with the Minnesota Department of Transportation, MN/DOT Agreement No.
13 95705 on April 19, 2012, per the agreement, St. Croix County received $2 million and WDNR
14 received $2 million for mitigation to blufflands and $400,000 for greenspace protection both to
15 provide replacement lands that offset the impacts of a new crossing on the Wisconsin bluff and
16 provide land and water conservation, scenic protection and low-impact public recreation; and
17
18 WHEREAS, the WDNR transferred $1.9 million in Mitigation funds to St. Croix County
19 to assist with the purchase of 114.37 acres on the St. Croix River bluffs; and
20
21 WHEREAS, subsequently Christine Fath Bishop offered to sell approximately 2.553
22 acres, an inholding to Willow River State Park that is surrounded on four sides by WDNR State
23 Park land; and
24
25 WHEREAS, Ms. Bishop prefers the property become part of Willow River State Park;
26 and
27
28 WHEREAS, the WDNR does not have funds to enter into a contract to purchase but St.
29 Croix County still retains sufficient greenspace funding; and
30
31 WHEREAS, St. Croix County's acquisition would be with the intent to donate the land
32 to WDNR to be added to the Willow River State Park land; and
33
34 WHEREAS, the WDNR Parks and Recreation Bureau is supportive of St. Croix County
35 pursuing this acquisition for the following reasons:
36 • the inholding is 100% within the Willow River State Park boundary and is surrounded by
37 state ownership;
38 • the improvements on the property are of negligible value (less than 10% overall of
39 estimated fair market value);
40 • consolidating state ownership at this location would promote better opportunity for
41 resource management and public recreation; and
42 • acquisition would likely alleviate the need to discuss future access to support future
43 private ownership.
44
45 WHEREAS, a contract to purchase real property of 2.553 acres from Christine Fath
46 Bishop for $75,000, plus shared closing costs, was entered into on April 9, 2019 (see attached);
47
48 WHEREAS, the property is located along the bank of the Willow River, is a mapped
49 wetland and is entirely within the AE floodplain zone, with these limitations it is not suitable for
50 development; and
51
52 WHEREAS, acquisition of 2.553 acres would provide surface water and floodplain
53 protection for the Willow River and improve resource management and public recreation.
54
55 NOW, THEREFORE, BE IT RESOLVED that the St. Croix County Board of
56 Supervisors approves the purchase of approximately 2.553 acres for $75,000 and further
57 described as:
58 St. Croix County Parcel Number 020-1036-30-110, 978 Trout Brook Road, Town of Hudson
59 in St. Croix County, State of Wisconsin, more particularly described as: Lot 1 of Certified
60 Survey Map Document#451958, Volume 8 Page 2158 consisting of 2.553 acres more or less
61 located in the Northeast Quarter of the Northeast Quarter of Section 18, Township 29 North,
62 Range 19 West, Town of Hudson, St. Croix County, Wisconsin, recorded in the St. Croix
63 County Register of Deeds Office.
64
65 BE IT FURTHER RESOLVED that the St. Croix County Board of Supervisors
66 approves transfer of the property to WDNR upon approval by the WDNR Secretary and the
67 Wisconsin Natural Resources Board.
68
69 BE IT FURTHER RESOLVED by the St. Croix County Board of Supervisors that the
70 2.553 acres is acquired under MN/DOT Agreement No. 95705 and No. 95704 Cooperative
71 Agreement for Riverway Mitigation Items are part of the St. Croix River Crossing Project
72 between The Minnesota Department of Transportation and St. Croix County, Wisconsin, and per
73 that agreement are considered protected lands which will be perpetually maintained for land and
74 water conservation purposes, scenic protection and other compatible uses, including low-impact
75 public recreation.
76
77 BE IT FURTHER RESOLVED that the St. Croix County Board of Supervisors
78 authorizes the expenditure of funds from the following accounts: 410-7700-699324-58220-
79 000000.
Legal—Fiscal—Administrative Approvals:
Legal Note:
Fiscal Impact: Property is being purchased with mitigation funds.
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Corporation n 2/2019 K Cou moi' r 4/72/2019
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POEk Th mmpsorl C rdyAdministrator 4/72/2079
04/15/19 Administration Committee RECOMMENDED
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RESULT: RECOMMENDED [UNANIMOUS]
MOVER: David Peterson, Chair
SECONDER: Dan Fosterling, Supervisor
AYES: Roy Sjoberg, Dan Fosterling, David Peterson, Nancy Hable
ABSENT: Tammy Moothedan
Vote Confirmation.
n
�a�c!Pe ei�san Ad6'"' l (ration, airtnan 4/16/2019
SL Croix County Board of Supervisors Action:
Roll Call -Vote Requirement—None
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Roy Sjoberg, Supervisor
SECONDER: Daniel Hansen, Supervisor
AYES: Schachtner, Miller, Coulter, Sjoberg, Malick, Moothedan, Fosterling, Ostness,
Larson, Hansen, Peterson, Anderson, Achterhof, Hable, Peavey
ABSENT: Jim Endle, Bob Feidler, District 13, Andy Brinkman
This Resolution was Adopted by the St. Croix County Board of Supervisors on May 7, 2019
Cindy Campbell, County Clerk
C`orrtr°cacr a x�r~c rasa ctrl 'r r�l�c r n.—<6rt'i t��ze "r'�z�ia 3t s°lz� /�a';. Croix Camite-
CONTRACT TO PURCHASE REAL PROPERTY
A ti
The County of St. Croix(hereinafter referred to as "Buy--?" , a body corporate,and Christine caj&Bishop, a single
person, ,5716AbbottAue. S',, Edina, MN55410, 'hereinafter referred to as '°Seller?') do hereby agree as followsm
1. Seller warrants and represents that she is the fee simple owner of record of St. CCoiX County Parcel Number
020-1036-30.110, 978 Trout Brook Road,Town of Hudson in 5t, Croix County, State of Wisconsin (hereinafter
referred to as"Premises'% more particularly described as:
9
Lot 1 ofCertrlaed.5ur vey Map Document#4.51958, Volun7e 8 Page 21.58 consisting of 2.5°.53 acres mare or less p
located in the Northeast Quarter of the Northeast Quarter of Se( 18, Torn b p 29 lUorth; Range 19 l�'est,
Town of Hudson, St; Croix County, Wisconsin, recorded in the St Cron County Register of Deeds Office,
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together with all easements, rights of way and appurtenances thereto, any rights of.adverse
possession in any adjacent property Seller may have, and ail of Sellers right, title, and interest in all
public ways adjoining the properly. r
I 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 Pr�r ises.6EVIEWA FIVE ll
19
I The purchase price for the Premises is s .dollars($75,000), The purchase price shall be due
and payable upon closing and after tender,of the warranty deed and issuance of a title insurance policy i
insuring n,iarketable title in the Sellers riaarriea
Seller shall convey the Premises to Guyer by warranty Gleed free and clear of ail 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 tithe 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 the
documents necessary to record the conveyance. Seller shall pay the Wisconsin Real Estate Transfer Fee and
Buyer shall pay recording costs,
5. Seller and Buyer each represent and acknowledge that this is a voluntary acquisition (i.e., an "assn'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 represents that there are no agreements allowing hunting, camping., boating, cabin rental or similar
uses on the premises, j
8, Seller understands that Buyer is not acquiring the Premises by condemnation, and that Buyer has riot
exercised or threatened to exercise its power of eminent domain, Neither the Seller, nor any person or entity
occupying the Premise, 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,
9. Seller agrees to allow appraisers, and qualified third parties reasonable access to the Property upon advance
notice, if necessary to perform the activities authorized in this Contract.
10. Buyer is authorized (at their expense) to have the Property appraised prior to Buyer's exercise of this
Contract.
i
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11. Buyer agrees to use the property as Outlined in Agreement No: 95705 Cooperative Agreement for River way L
Mitigation Items as part of the St. Croix River Crossing Project between The Minnesota Department of
Transportation and St. Croix County, Wisconsin and per that agreement are considered protected lands which
will be perpetually maintained for land and water conservation purposes, scenic protection and Gather
compatible uses, including low-impact public recreation, Buyer is obligated under this agreement to consult
with the Wisconsin State Historic Preservation Officer, the Minnesota State Historic Preservation Officer and
other consulting parties, including Indian tribes, as appropriate in accordance with 36 CFR§§800.3 -800.5 to �
determine'if historic properties will be affected.
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Contraci to Purchase Real Properl)!Christine.F afth Brshop I'S't. C"rox County
12. Buyer's obligation to conclude this transaction is conditioned upon;
Recommendation of Approval by the Administration Committee;
The approval of the purchase of the Premises under the terms and conditions of this Contract and fundhig
of said purchase, through the adoption of a resolution, by the St. Croix County Board of Supervisors,
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 by both the Buyer and Seller.
13m Any and all real estate taxes shall be paid for by the Seller, including the current year's taxes at the time of
closing. Should the current year's real estate taxes be undetermined as of the date of dosing, the prior year's
real estate taxes shall be used, Buyer shall be responsible for any additional amount owed, in the event the
current year's taxes exceed the amount paid by the seller.
14. Any outstanding assessments shall be paid by the Seller at the time of closing. Assessments, if any, for work
on site actually commenced or levied prior to date of the closing shall be paid by Seller.
15. Seller warrants and represents to Buyer that Seller has, aside from those mentioned elsewhere herein, no
notice or knowledge of any;
Manned 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;
Hazardous and/or toxic substance, materials, waste, or conditions an or affecting -die 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,
16, Buyer shall be provided a title insurance policy, to be paid for by the Seller. 'Fitleto 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.
17. Possession and occupancy of the Prernises shall be given to Buyer on the date of closing.
1& Seller agrees to allow access to the property for site visit.
19. 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.
20, Closing shall take place not later than May 30, 2019, at a location, date and time to be mutually agreed upon
I by the Buyeir and Seller,
21, 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,
22. Seller acknowledges and understands that the St. Croix County Corporation Counsel represents the Buyer,
23. Seller acknowledges having had the opportunity to consult with an attorney of their choosing and at their
expense prior to entering into this Contract,
2
Como-actio Purchase Real Pi-gpern-a C;hilstine Faith.Bishgp/,5`t. Cwix C'(wntt,,
i
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24. Sealer acknowledges having read and fully understands this Contract.
Sm Buyer and Seiler agree to eat in geed fa"sth and use due dilpgence In completing the terms of this Contract, i
26„ This Contract constitutes the entire agreement between the parties and may net be changed except by a
contract in writing and signed by the parties.
EACH PARTY HAS REVIEWED AND FULLY UNDERSTANDS THIS CONTRAO',
I
BLIYERSCad to i f
Accepted and agreed this
day cal C:"t_. X119.
s, � . _ .
�-ffen Denzer, Community Dzcie#1 meat Director
e-rie agreed
. _.day ofI 4- -f-
2019.
.. . ick Thompson, St, Cram Count Adtninistrator
Accepted and agreed this ✓� _ day of — 2L 2019.
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f _. 45 ell)
Christine W4i Bishop
DRAFM-D BY:
,cote Cos-St,Croix Cotulhl Corporation Counsel
st Croix County Govornment Center
1)01 Garmidael Road,
Hudson.'W154016
N 715-381-4315 PAX�715-381-4301
Slate Bar Member W 1000370
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