HomeMy WebLinkAboutResolution 2019 (22) Resolution No. 22 (2019)
ST. C}1 LINTY. RESOLUTION TO PURCHASE REAL PROPERTY, DEED RESTRICTION,
4
" ~~~ EASEMENTS AND GRANT EASEMENT - ECKERT BLUFFLANDS
COUNTY 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 multi-
4 jurisdictional 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 entered into a Cooperative Agreement for Riverway
11 Mitigation as part of the St. Croix River Crossing Project with the Minnesota Department of
12 Transportation, MN/DOT Agreement No. 95705 on April 19, 2012, per the agreement, St. Croix
13 County received $2 million for mitigation to blufflands and $400,000 for greenspace protection
14 both to provide replacement lands that offset the impacts of a new crossing on the Wisconsin
15 bluff and provide land and water conservation, scenic protection and low-impact public
16 recreation; and
17
18 WHEREAS, acquisition of 2 acres of undeveloped land located adjacent to Eckert
19 Blufflands on the St. Croix River County Park would protect water quality, blufflands, steep
20 slopes, wildlife habitat and the Starr Wood subdivision Conservation Area which is adjacent to
21 this property; and
22
23 WHEREAS, acquisition of an easement for future access and utilities will provide
24 opportunities for residents in the surrounding areas to have walk-in access to the new county
25 park; and
26
27 WHEREAS, acquisition of a Deed Restriction limiting 6.74 acres of adjacent property to
28 one single-family residential home site would also provide protection to water quality,
29 blufflands, steep slopes, wildlife habitat and further protection to the Starr Wood Conservation
30 Area; and
31
32 WHEREAS, a contract to purchase real property of—2 acres, an Easement for Future
33 Access and Utilities, a Deed Restriction and an Access Easement to the County acres from Gary
34 Zappa for $345,000, less shared closing costs, was entered into on May 31, 2019 (see attached);
35 and
36
37 WHEREAS, the property is located and shown on the attached draft Certified Survey
38 Map; and
39
40 WHEREAS, acquisition would provide protection of surface water quality, blufflands,
41 steep slopes and wildlife habitat; would expand and enhance the new county park; and improve
42 resource management and public recreation; and
43
44 WHEREAS, in consideration of the value of these acquisitions, St. Croix County agrees
45 to grant and convey to Gary Zappa Trustee Gary Zappa Revocable Trust a non-exclusive ingress
46 and egress access easement from the Old Hwy 35 Town Road to the remaining 6.74 acres of
47 Outlot 1 (Future Lot 26), over the existing easements granted to adjoining property owners, for
48 personal and future residential access to be used to access one single-family residential home
49 site.
50
51 NOW, THEREFORE, BE IT RESOLVED that the St. Croix County Board of
52 Supervisors approves the purchase of approximately 2 acres (Future Outlot 4), the transfer of a
53 Future Access and Utilities Easement to Outlot 1, the dedication of a Deed Restriction on the
54 6.74 acres on Outlot 1 (Future Lot 26), the acquisition of an Access Easement to the—2 acres
55 (Future Outlot 4) and the grant of an Access Easement to Outlot 1 (Future Lot 26)utilizing
56 existing easements within the county park, Eckert Blufflands on the St. Croix, from and to Gary
57 Zappa Trustee for Gary Zappa Revocable Trust for $345,000 less closing costs. The—2 acres
58 (Future Outlot 4)further described as:
59 LOCATED IN PART OF THE NE '/4 OF THE SW '/4 AND IN PART OF
60 GOVERNMENT LOT 3 OF SECTION 12, T29N, R20W, TOWN OF HUDSON, ST.
61 CROIX COUNTY, BEING PART OF OUTLOT I OF THE PLAT OF STARR
62 WOOD RECORDED AT THE ST. CROIX COUNTY REGISTER OF DEEDS
63 OFFICE, FURTHER DESCRIBED AS FOLLOWS:
64 COMMENCING AT THE CENTER OF SAID SECTION 12; THENCE ALONG
65 THE NORTH LINE OF THE SW 1/40F SAID SECTION 12 S87°12'56"W, 868.65'
66 TO THE NORTHEAST CORNER OF SAID OUTLOT I AND THE POINT OF
67 BEGINNING; THENCE CONTINUING ALONG THE NORTH LINE OF SAID
68 OUTLOT S87012'56"W, 438.27'; THENCE S0301 1'12"W, 117.89 TO THE SOUTH
69 LINE OF SAID OUTLOT; THENCE ALONG THE SOUTH LINE OF SAID
70 OUTLOT N90000'00"E, 155.74'; THENCE ALONG THE SOUTH LINE OF SAID
71 OUTLOT S 15006'1 9"E, 125.02'; THENCE ALONG THE SOUTH LINE OF SAID
72 OUTLOT N89024'57"E, 155.75'; THENCE ALONG THE SOUTH LINE OF SAID
73 OUTLOT N62001'44"E, 113.23' TO THE EAST LINE OF SAID OUTLOT;
74 THENCE ALONG LAST SAID LINE N00004'08"E, 205.00' TO THE POINT OF
75 BEGINNING. CONTAINING 86,461 SQUARE FEET ( 1.99 ACRES )MORE OR
76 LESS AND BEING SUBJECT TO ANY EASEMENTS, RESTRICTIONS OR
77 COVENANTS OF RECORD.
78
79 BE IT FURTHER RESOLVED by the St. Croix County Board of Supervisors that the
80 —2 acres is acquired under MN/DOT Agreement No. 95705 and No. 95704 Cooperative
81 Agreement for Riverway Mitigation Items as part of the St. Croix River Crossing Project
82 between The Minnesota Department of Transportation and St. Croix County, Wisconsin, and per
83 that agreement are considered protected lands which will be perpetually maintained for land and
84 water conservation purposes, scenic protection and other compatible uses, including low-impact
85 public recreation.
86
87 BE IT FURTHER RESOLVED by the St. Croix County Board of Supervisors that the
88 Deed Restriction is also acquired under MN/DOT Agreement No. 95705 and No. 95704
89 Cooperative Agreement for Riverway Mitigation Items as part of the St. Croix River Crossing
90 Project between The Minnesota Department of Transportation and St. Croix County, Wisconsin,
91 and per that agreement will be perpetually maintained for land and water conservation and scenic
92 protection purposes.
93
94 BE IT FURTHER RESOLVED that the St. Croix County Board of Supervisors
95 authorizes the expenditure of funds from the following accounts: 410-7700-699326-58220 and
96 410-7700-699324-58220-000000.
Legal—Fiscal—Administrative Approvals:
Legal Note:
Fiscal Impact: Land purchase is within available grant funding.
r
Cott Cox,Corporation Co4inw /28/2018
K. s�i ar�,Cour
W.
Fa rink Thompson,County Administrator 5/28/2019
06/04/19 Administration Committee RECOMMENDED
......... ......... ......... ......... ......... ......... ......... ......... .... ......... ......... ......... ......... ......... ......... ..........
RESULT: RECOMMENDED [UNANIMOUS]
MOVER: Roy Sjoberg, Vice-Chair
SECONDER: Nancy Hable, Supervisor
AYES: Sjoberg, Moothedan, Fosterling, Peterson, Hable
Vote Confirmation.
� a
wy. : -2
Gravid Peiefsorw Adurs(riistration„Chairman 6d4f2019
SL Croix County Board of Supervisors Action:
Roll Call - Vote Requirement— Majority of Supervisors Present
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ..................
RESULT: ADOPTED BY BOARD OF SUPERVISOR [12 TO 1]
MOVER: David Peterson, Supervisor
SECONDER: Daniel Hansen, Supervisor
AYES: Schachtner, Endle, Miller, Coulter, Moothedan, Feidler, Larson, Hansen,
Peterson, Anderson, Achterhof, Hable
NAYS: William Peavey
ABSTAIN: Roy Sjoberg
ABSENT: Malick, Fosterling, Ostness, 13, 14
This Resolution was Adopted by the St. Croix County Board of Supervisors on June 4, 2019
Cindy Campbell, County Clerk
Contract to Purchase Real Propertil—Gary Zanpa/St. Croix County
CONTRACT TO PURCHASE REAL PROPERTY
The County of St. Croix (hereinafter referred to as "Bugger''), a Municipal Corporation, and Gary
T, Zappa Trustee of Gary T, kappa Revocable Living Trust, 750F Sandhill Point N., Hudson, W1
54016, (hereinafter referred to as "Seller"") do hereby agree as follows'.
1 Seller warrants and represents that he is the fee simple owner of Outlot 1 of the Platt of
Starr Wood, St. Croix County Tax Parcel Identification Number 020-1374-25-001, Town of
Hudson in St. Croix County, State of Wisconsin, more particularly described as:
Outlot I Plat of Stan- Wood located in Section 12, Township 29 North, Range 20 West part
of the Northeast Quarter of the Southwest Quarter and part of Government Lot 3, Town of
Hudson, St. Croix County, Wisconsin, recorded in the St. Croix County Register of Deeds
Office; Document Number 628460 on 08/18/2000, subject to covenants and easements in
document and of record,
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, the following-.
3. Two acres (2.0), more or less, of Outlot 1 of the Plat of Starr Wood which is to be added to
the adjacent county park, (known as Eckert Blufflands on the St. Croix River); together with
and subject to all easements, rights of way and appurtenances thereto including those
described in the Declaration of Covenants, Conditions and Restrictions for Starr Wood and
the Deed of Conservation Easement, 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. The two acres is depicted on the attached Draft Certified Survey
Map (CSM) and identified as Outlot 4 and shall be referred to hereinafter as "Property". The
two acres are described as follows-.
LEGAL DESCRIPTION OF PROPERTY (Future Outlot.4Shown On The Attached
Draft Certified Survey Map)
LOCATED IN PART OF THE NE 1/40F THE SW %AND IN PART OF
GOVERNMENT LOT 3 OF SECTION 12, T29N, R20W, TOWN OF HUDSON, ST.
CROIX COUNTY, BEING PART OF OUTLOT 1 OF THE PLAT OF STARR WOOD
RECORDED AT THE ST. CROIX COU114TY REGISTER OF DEEDS OFFICE,
FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 12; THENCE ALONG THE
NORTH LINE OF THE SW 1/40F SAID SECTION 12 S87012'56"W, 808.65" TO THE
NORTHEAST CORNER OF SAID OUTLOT 1 AND THE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE NORTH LINE OF SAID OUTLOT
S87-12'56"W, 438.27'; THENCE S03-1 112"W, 117.89 TO THE SOUTH LINE OF
SAID OUTLOT; THENCE ALONG THE SOUTH LINE OF SAID OUTLOT
N90000'00"E, 155.74" THENCE ALONG THE SOUTH LINE OF SAID OUTLOT
S15006'19"E, 125.02'. THENCE ALONG THE SOUTH LINE OF SAID OUTLOT
N89"24'57"E, 155.75'- THENCE ALONG THE SOUTH LINE OF SAID OUTLOT
N62-01'44"E, 113.23' TO THE EAST LINE OF SAID OUTLOT; THENCE ALONG
LAST SAID LINE N00004'08"E, 205.00' TO THE POINT OF BEGINNING.
CONTAINING 86,461 SQUARE FEET ( 1.99 ACRES ) MORE OR LESS AND BEING
SUBJECT TO ANY EASEMENTS, RESTRICTIONS OR COVENANTS OF
RECORD.
Contract to Purchase Real Propernp—Gary Zappa/vet. Croix Count})
4. Seller conveys to Buyer the Easement for Future Access and Utilities to said Outlot 1 along
the Northeast portion of Outlot 2 as appears on the Plat of Starr Wood recorded in
Document Number 623460 Office of the Register of Deeds on 08/16/2000, and in
Document Number 1027615 Office of Register of Deeds on 04/10/2016.
5. Seller grants to Buyer a Deed Restriction limiting future development on the 6.74 acres
remaining of Outlot 1 (Future Lot 26, shown on the attached draft CSM), to one single-
family residential home site, see attached Draft Deed Restriction, to be recorded at the
same time as conveyance of Property (Future Outlot 4) -to the Buyer.
6. Seller conveys to Buyer a 66-foot wide non-exclusive easement over Outlot 1 (Future Lot
26) for Access to Property (Future Outlot 4) and utilities, described as follows.
ACCESS EASEMENT TO COUNTY
LOCATED IN PART OF THE NE '/4 OF THE SW 1/a AND IN PART OF GOVERNMENT LCAT
3 OF SECTION 12, T29N, R20WW, TOWN OF HUDSON, ST. CROIX COUNTY, BEING
PART OF OUTLOT 1 OF THE PLAT OF STARR WOOD RECORDED AT THE ST. CROI
COUNTY REGISTER OF DEEDS OFFICE, FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 12, THENCE ALONG THE NORTH
LINE OF THE SW '/40F SAID SECTION 12 S37012'56"WW, 660.65° TO THE NORTHEAST
CORNER OF SAID OUTLOT 1, THENCE CONTINUING ALONGII HL NORTH LINE OF
SAID OUTLOT S37012'56"WW, 406.27' TO THE POINT OF BEGINNING; THENCE
S03°11'12"WW, 117.69 TO THE SOUTH LINE OF SAID OUTLOT; THENCE S 0°00'00"WW,
66.10`; THENCE NO3`1 1'12"E, 114.66 TO THE NORTH LINE OF SAID OUTLOT;
THENCE ALONG LAST SAID NORTH LINE N67012'56"E, 66.36° TO THE POINT OF
BEGINNING. CONTAINING 7,674 SQUARE FEET ( 0.18 ACRES ) MORE OR LESS..
a. The driveway within this easement shall be maintained by the owner of Outlot 1 (Future
Lot 26). The portion of the driveway or access to Property (Future Outlot 4), that is solely
used by St. Croix County to access Property (Future Outlot 4) shall be maintained by St.
Croix County.
7. For and in consideration of the mutual covenants and subject to the terms and conditions
set forth herein, the Buyer agrees to grant and convey, the following:
a. Buyer agrees to grant to the Beller a non-exclusive Easement to Outlot 1 (Future Lot 26)
as described in attached document, over the existing gravel driveway and part of River
Heights Trail to provide ingress and egress between Outlot 1 (Future Lot 26) and the Old
Highway 35 Town Road, for personal and future residential access to one single-family
residential home site on the 6.74 acre remainder parcel and for utilities for residential
use. The existing gravel driveway portion of the easement: shall continue to have a
gravel surface unless further negotiated.
b. Buyer and Seller agree that the Easement to Outlot 1 (Future Lot 26) is further subject to
a Driveway Maintenance Agreement which was last amended and recorded in
Document # 366937 Office of Register of Deeds on 01/20/1961 Vol 624/Page 193.
c. Buyer and Seller agree that -the Easement to Outlot 1 (Future Lot 26) to seller may be
subject to Town road requirements and that if at a future date said driveway easement
accesses more than two year-round or seasonal residences it shall be constructed to
public road standards and set before the Town of Hudson and/or Town of St. Joseph for
acceptance as a public road.
2
Contract to Purchase Real Properry—Gag Zappa/St. Croix County
8. The transaction price -for Buyer's and Seller's transactions, as described above, including #3
the purchase of Two Acres more or less, #4 Future Access and Utilities Easement across
OUtlot 2 of the Plat of Starr Wood, #5 the Deed Restriction on Outlot 1 (Future Lot 26), #6
Access Easement To County to Property (Future Outlot 4) and #7 Easement to Outlot 1
(Future Lot 26), is three hundred forty-five thousand dollars ($345,000) less closing costs to
be paid by the Buyer to the Seller.
9. The purchase price shall be due and payable upon closing and after tender of a Warranty
Deed-, conveyance of the following additional docurnents: conveyance of#4 Future Access
and Utilities Easement across Outlot 2 of the Plat of Starr Wood, #5 the Deed Restriction on
Outlot 1 (Future Lot 26), #6 Access Easement To County Property (Future Outlot 4) and #7
the Easement to Outlot 1 (Future Lot 26); and issuance of a title insurance policy insuring
marketable title in the Buyer's name.
10. Seller shall convey Property (Future Outlot 4) 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 the documents necessary to record the conveyance.
11. Seller understands that Seller needs to obtain a conditional use pursuant to §17.36 H
10.a.1. and a variance in order to create Lot 26 and Outlot 4. Seller understands that even
if such conditional use permit and variance are not granted that such denial does not
excuse performance of this contract.
12. Buyer and Seller agree to pay equal shares of ail closing costs except Title Insurance Policy
and current year taxes.
13. Any and all real estate taxes shall be paid for by the Seller, except the current year's taxes
shall be prorated between the Seller and Buyer based on date of closing. Should the
current year's real estate taxes be undetermined as of the date of closing, 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. Buyer shall be provided a title insurance policy, to be paid for 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 falls to do so, the Buyer may take necessary action to perfect the title and to deduct
the cost thereof from the purchase price.
15. 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.
16. Seller represents that the Property is offered for sale on the open market and that there are
no owner or tenant occupants involved.
17. Seller represents that there are no agreements with private parties allowing hunting,
camping, boating, cabin rental or similar uses on -the Property.
Contract to Purchase Real Pr opertY—Gary Zappa/St. Croix County
13. Seller understands that Buyer is not acquiring the Property 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 Property, 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.
19. Buyer agrees to use -the Property as outlined in Agreement No- 95705 Cooperative
Agreement for Rive ay 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 other 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.
20. Buyer's obligation to conclude this transaction is conditioned upon.-
* Recommendation of Approval by the Administration Committee;
* The approval of the purchase of the Property under the terms and conditions of this
Contract and funding 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.
21. 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.
22. 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 Property-,
Federal, state or local regulation, or court order requiring repair, alteration, or correction
of any existing condition-,
Underground storage tanks on the Property,
Limited short or long term agricultural leases for the Property',
Hazardous and/or toxic substance, materials, waste, or conditions on or affecting the
Property;
Risk of environmental contamination of the Property-,
Boundary or lot line disputes encroachments or encumbrances-,
Zoning or land use issues impacting the Property',
Other conditions of any kind which affect the Property and should be disclosed to Buyer.
23, Possession and occupancy of the Property and Easements shall be given to Buyer and
Seller on the date of closing.
24. Seller agrees to allow access to the Property for site visit.
4
Contract to Purchase Red Propertill— Grab;Zappa ISI, Croix County
25. If the condition of, or any condition or factor affecting, the Property significantly or materially
changes prior to closing, -this Contract may be terminated at option of Buyer.
26. Closing shall take place not later than June 28, 2019, at a location, date and time to be
mutually agreed upon by the Buyer and Seller.
27. 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.
28. Seller acknowledges and understands that the St. Croix County Corporation Counsel
represents the Buyer.
29. Seller acknowledges having had the opportunity to consult with an attorney of their
choosing and at their expense prior to entering into this Contract.
30. Seller acknowledges having read and fully understands this Contract.
31, Buyer and Seller agree to act in good faith and use due diligence in completing the terms of
this Con-tract.
32. 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.
BUYERS
Accepted and agreed this day of 2019.
El�6n'Denzer, tormynit Development Director
Aacepteq and agreed tt as day of 2019.
Patrick Thompson, St. Cr& County Administrator
SELLERS
Accepted and agreed this day of
2019,
2.
Gary T...........
ary T. kappa Revocable Living Trust
. P Tru„
r u 4
!ef,((
DRAFTED BY:
Scott Cox,St.Croix County Corporation Counsel
St.Croix Countv Government Center
1101 Carraichael Road,
Hudson.W1 54016
PP 715-381-4315 FAX 9 715-381-4301
State Bar Member P 10003370
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DEED RESTRICTION ON REMAINDER OF OUTLOT 1
(FUTURE LOT 26) 6.74 ACRES
This Deed Restriction is made by Gary T. Zappa Trustee of the Gary T.
Zappa Revocable Living Trust,hereinafter referred to as the "Declarant",
owner of the following described real property("Property"):
All of Outlot 1 of The Plat Of Starr Wood,recorded in the St. Croix
County Register Of Deeds Office; Document Number 628460.
This Deed Restriction is granted on all of Outlot 1, as described, except
the following described property:
Legal Description For 2 Acres (Future Outlot 4)
Located in part of the NE'/4 of the SW'/4 and in part of Government Lot 3
of Section 12, T29N, R20W, Town Of Hudson, St. Croix County,being
part of Outlot 1 of the Plat of Starr Wood recorded at the St. Croix
County Register Of Deeds Office, further described as follows: Recording Area
Commencing at the center of said Section 12; thence along the North Line Name and Return Address
of the SW'/4 of said Section 12 S87°12'56"W, 868.65 to the Northeast
corner of said Outlot 1 and the Point Of Beginning; thence continuing
along the North line of said Outlot S87°12'56"W, 438.27; thence
S03-1 1'12"W, 117.89 to the South line of said Outlot; thence along the Parcel Identification Number
South line of said Outlot N90000'00"E, 155.74'; thence along the South
line of said Outlot S15°06'19"E, 125.02'; thence along the South line of
said Outlot N89024'57"E, 155.75'; thence along the South line of said
Outlot N6200 1'44"E, 113.23' to the East line of said Outlot; thence along
last said line N00004'08"E, 205.00'to the Point Of Beginning.
Containing 86,461 square feet(1.99 Acres) more or less and being
subject to any easements,restrictions or covenants of record.
The remainder of Outlot 1 (Future Lot 26) consists of 6.74 acres, more or
less.
WHEREAS, the Declarant entered into a Contract to Purchase agreement with St. Croix County, a municipal
corporation, dated May 31,2019,regarding the Property; and
WHEREAS, the Contract to Purchase contains a restriction on the sale of part of the Property and requires
limitations to use of the property; and
WHEREAS, the Contract to Purchase provided that the Declarant would record a Deed Restriction against part of
the Property.
NOW THEREFORE, for the benefit of the County, Declarant hereby imposes the following restriction which shall
run with the land and be binding upon Declarant's successors and assigns:
1. Development of Property. Development of the remainder of Outlot 1 (Future Lot 26), 6.74 acres,is limited
to one single-family residential home site on one lot that cannot be further subdivided.
2. Term of Restriction. This restriction against development shall be effective in perpetuity.
3. Amendment. This restriction may not be amended, modified or removed without prior approval from the
County of St. Croix, a Municipal Corporation.
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IN WITNESS WHEREOF, these individuals as authorized representatives of their respective parties sign and agree
to the terms of this deed restriction.
By: Gary T. Zappa Trustee of the Gary T. Zappa Date
Revocable Living Trust
750B Sandhill Point Road N.
Hudson, WI 54016
STATE OF WISCONSIN )
ss
County of St. Croix )
Personally came before me this day of the above named Gary T. Zappa Trust of
the Gary T. Zappa Revocable Living Trust, to me known to be the person who executed the foregoing instrument
and acknowledged the same in the capacity therein stated and for the purpose therein contained.
* Christa L.Poeschel
Notary Public, State of Wisconsin
My Commission Expires 11-15-2020
LESSEE: St. Croix County
Name of Agency or Organization
By: Patrick J. Thompson Date
St. Croix County Administrator
1101 Carmichael Road
Hudson, WI 54016
STATE OF WISCONSIN )
ss
County of St Croix )
Personally came before me this day of the above named Patrick J. Thompson, to
me known to be the person who executed the foregoing instrument and acknowledged the same.
* Christa L.Poeschel
Notary Public, State of Wisconsin
My Commission Expires 11-15-2020
This instrument was drafted by the St. Croix County Office of Corporation Counsel.
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