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HomeMy WebLinkAbout07L DNR Conservation Easement Request for Ravine Parkway Project CITY OF COTTAGE GROVE, MINNESOTA CITY COUNCIL RESOLUTION 2018-064 A RESOLUTION AFFIRMING THAT 0.33 ACRES OF PROPERTY LOCATED IN THE CITY OF COTTAGE GROVE IS NECESSARY FOR THE CONSTRUCTION OF RAVINE PARKWAY AND AUTHORIZING THE APPROPRIATE OFFICIALS TO REQUEST THAT IT BE REMOVED FROM THE DNR CONSERVATION EASEMENT WHEREAS, the City of Cottage Grove has been planning the construction of a scenic roadway in the northern portion of the community for over a decade, to be known as Ravine Parkway, which would connect new residential developments through an environmentally friendly route with trails and natural landscaping; and WHEREAS, the construction of Ravine Parkway fulfills a public purpose of providing adequate public access to an area of the City that is currently underserved; and WHEREAS, the City Council recently approved the plans and specifications for the Ravine Parkway Project, a portion of which will be located between Jamaica Avenue and Keats Avenue; and WHEREAS, due to property constraints with existing easements, Ravine Parkway must connect to Keats Avenue at a very specific location, which includes a portion of real property that is encumbered by a Conservation Easement owned by the Minnesota Department of Natural Resources (“DNR”); and WHEREAS, in spite of numerous attempts to locate the intersection of Ravine Parkway and Keats Avenue to alternative sites and attempts to minimize Ravine Parkway’s impact on the Conservation Easement, there still exists an overlap between the location of Ravine Parkway and the Conservation Easement that is 0.33 acres in size; and WHEREAS, the City Council supports requesting that the DNR amend the Conservation Easement so as to remove the 0.33 acres from the Conservation Easement, the area of which is depicted on the attached map; and WHEREAS, a temporary construction easement will also be necessary in order to con- struct Ravine Parkway and in spite of numerous attempts to locate the impacted portions of the construction for Ravine Parkway and Keats Avenue to alternative sites and attempts to minimize its impact on the Conservation Easement, there still exists an overlap between the location of the temporary construction easement area and the Conservation Easement that is 0.7 acres in size. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove, Washington County, Minnesota as follows: 1. The Council finds that the construction of Ravine Parkway fulfills a public purpose by providing safe and adequate public access to an area of the City that is currently underserved; and City of Cottage Grove, Minnesota City Council Resolution 2018-064 Page 2 of 2 2. The Council further finds that 0.33 acres of land which overlaps the DNR Con- servation Easement is necessary for the construction of Ravine Parkway; and 3. The City Council respectfully requests that the DNR amend the Conservation Easement so that the 0.33 acres needed for Ravine Parkway is removed from the DNR Conservation Easement; and 4. The City Council authorizes the appropriate City Staff to assist the DNR in seeking approval from the Legislative-Citizen Commission on Minnesota Resources, the Minnesota Management and Budget Office, and another other agencies, committees or commissions necessary in order to amend the Conservation Easement to remove the 0.33 acres from the Conservation Easement, as well as to allow for the activities contemplated by the temporary construction easement; and 5. The City Council further authorizes City Staff to ask the DNR, the Legislative- Citizen Commission on Minnesota Resources, and the Minnesota Management and Budget Office to consent to a 0.7-acre temporary construction easement on a parcel within the Conservation Easement that is bounded by the 0.33-acre partial easement release area (new ROW of Ravine Parkway) to the south, and Keats Avenue South to the east. The temporary construction area shall be planted with prairie grasses and restored to the Conservation Easement at the close of construction. Passed this 2nd day of May, 2018. Myron Bailey, Mayor Attest: Joseph Fischbach, City Clerk