HomeMy WebLinkAboutResolution 2023-06 Request for Met Ag. Preserve Designation - VollrathExisting
1524822
Certs
LAND TYPE Torrens (T)
DOC NUM 5999134
Certified, filed and/or recorded on
Feb 62023 8: , 00 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 147
Document Recording Fee
5999134/Agr9
cultural Restrictive Covenant
Pkg ID 2537909M
$46.00
This cover sheet is now a permanent part of the recorded document.
City of Corcoran
County of Hennepin
State of Minnesota
• •-• Bottema
January 26, 2u23
ROAD (PID 20moml 19=23m22mO003)
Eesignation for 68.6 acres of land in one parcel for property legally described as follows:
NHEREAS, the property owners at 22903 Strehler Road are requesting approval of
i i ♦ i
a (MUSA)
NHEREAS, the owner of the described parcel has made an official application for their
Jesignation as an agricultural preserve attached to this resoiution as Attachment A;
NHEREAS, the property owners request the City of Corcoran to submit an Affidavit of
V do
'Authority" attached to this resoiutionas ` a •
stipulations of the act are deemed legally satisfiied.
CA
%gricultural Preserve.
tvh1ch will create more stringent zoning rules for the duration of the requested designation.
• subdivisions can occur unless r► • until I • properties I removed • ` ` •
Page 1 of 3
City of Corcoran
County of Hennepin
state of Minnesota
VOTING AYE
® McKee, Tom
® Bottema, Jon
® Nichols, Jeremy
® Schultz, Alan
® Vehrenkamp, Dean
January 26, zu2 5
RESOLUTION NO. 2023-06
❑ McKee, Tom
❑ Bottema, Jon
❑ Nichols, Jeremy
❑ Schultz, Alan
❑ Vehrenkamp, Dean
Whereupon, said Resolution is hereby declared adopted on this 26th day of
January 2023.
ATTEST:
Miche`Ile Fredrick —City Clerk
To
McK — Mayor
City Sea!
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Page 2 of 3
City of Corcoran
County of Hennepin
state of Minnesota
RAM R 4
January 26, 2423
•. •. . . • - • . • ` • 1 • • �d 3-
1 •Minnesota,• South of • 700.00 feet thereof
Page 3 of 3
LOCAL AUTHORITY:
APPLICATION FOR INITIATING
PLACEMENT OF LAND INTO A
METROPOLITAN AGRICULTURAL PRESERVE
rGoru�
and
(if applicable)
ATTACHMENT A
1. PRINT OR TYPE NAMES) AND ADDRESSES) OF RECORD FEE OWNERS) Owners) is ("X" one):
(Use this space only q applicable. Must be same names as on page 1.) Individual
i
0 Legal Guardian
0 Family Farm Corporation
0 Other
(sped):
2. PRINT OR TYPE NAMES) AND ADDRESSES) OF CONTRACT FOR DEED BUYERS) (VENDEES)
(Use this space only if applicable. Must be same names as on page 1.)
3. PRINT OR TYPE NAMES) AND ADDRESSES) OF CONT`RA.CT FOR DEED SELLERS) (VENDORS)
(Use this space only if applicable. Must be same names as on page 1.)
4. BASIS OF ELIGIBILITY OF LAND ("X" one):
3K,
40 or more acres of land.
e Non-contiguous parcels of at least ten acres each; parcels farmed as a unit.
9 35-acre parcel, bound by public right -of --way or perturbation in the rectangular survey system.
6 20-acre parcel, subject to the conditions of Minnesota Statutes, section 473H.03, subdivision 4.
5. TOTAL ACRES
6. TYPE OF PROPERTY ("X" one):
'� Abstract
0 Registered (Torrens). If "Torrens" property, include your Owner's Duplicate Certificate of Title.
Minnesota Department of Agriculture
625 N. Robert St.
St. Paul, Minnesota 55155-2538
651-201-63 69
AG-00870-02
2/24/09
Page 1
FOR LOCAL AUTHORITY ONLY:
This application has been reviewed by this Authority and is determined complete this LV) day o ^i� , 20 : S
The restrictive covenant and the affidavit from the Authority certi ing eligibility of the land are included in his
application. it
8. DATE OF PLACEMENT OF LAND INTO PRESERVE:
Minnesota Department of Agriculture
625 N. Robert St.
St. Paul, Minnesota 55155-2538
651-201-6369
(Signature
tle or Position o
be thirty days after the date in
cal Authority)
o. 7 above.)
AG-00870-02
2/24/09
Page 2
STATE OF MINNESOTA )
COUNTY OF r ) SS
MOM
1��.L�`.:,,� i.
[I
3
ck
(Title or Position of Local Aiithority�
State of Minnesota, which unit of government exercises the planning and zoning authority for the
land described herein, and constitutes the "Authority" as that term is defined under Minn. Stat.,
ATTACHMENT B
AFFIDAVIT OF "AUTHORITY"
my sworn upon oath deposes and says as follows:
Section 473H.02, Subd. 4.
This affidavit is being executed and submitted on behalf of the Authority.
The tract of land in the County of �� � �
legally described as (must be same as on page
Parcel identification number: 0100011q-'234602Z--00o
State of Minnesota,
_ omestea rNon-homestead.
(Circle one/
Legal Description:
Tk+ Parf of w J/2 of /vyv I/y Ly"^n s o� N 70Off
AO{ ancJ iL/m+ pp*f of Al 7vo 4 It of V✓ '/2 ckc NW
IN 1y)'! W of F bbo r/. fhoF eX road
q, � e, 23
as of 20 ?A des ig>�at as lon te�tn agricult . 1 land and in accordance
with a resolution adopted b the Authority on 20 - is certified and
� Y y
eligible for designation as an agricultural preserve as provided under the provisions of Minn. Stat.,
Section 473H.04.
4. This affidavit is submitted at the request of `` �� �� r
(Applicant) R � /
for the purpose of making application for designation and creation of an agricultural preserve in iWIV - V
accordance with Minn. Stat., Chapter 473H.
Minnesota Department of Agriculture
625 N. Robert St.
St. Paul, Minnesota 55155-2538
651-201-6369
Page 1
AG-00871-02
2/24/09
Dated
Si
Subscribed and sworn to before me
this ix day of Y 4120uo�.
�-_
Signature of Nota ub17c
..Commission ire
i
SHAWNA JEAN ZUTHER
NOTARY PUBLIC - MINNESOTA
MY COMMISSION EXPIRES 01/31/24
Minnesota Department of Agriculture
625 N. Robert St.
St. Paul, Minnesota 55155-2538
651-201-6369
Page 2
AG-00871-02
2/24I09
METROPOLITAN AGRICULTURAL PRESERVES
THIS AGREEMENT,
RESTRICTIVE COVENANT
entered into
inafter collectively referred to as Landowner(s); AND the
Cotmty, Minnesota,
Fee Owner(s);
Contract for Deed Vendors) (Sellers), if any;
Contract for Deed Vendee(s) (Buyers), if any;
of '�
(NOTE: Above named Landowners) must be identifted as hacsband and wife, a single person, a Partnership,
a (State) Corporation, a Tracstee of a Tracst (describe), a Guardian or Administrator of an Estate (describe)
— whatever the case might be If property is homestead — spoacse macst join whether their name is on
record or not if property is non -homestead and spouse doesn't join — then a statement must be pact at end
of legal description that it is non -homestead.)
WITNESSETH:
WHEREAS, the Landowners) above named are the owners of the tract of land (the Land) in the County of
State of Minnesota, legally described as:
(IF TORRENS PROPERTY -- Use description from Certificate of Title, verbatim; IFABSTRACT
PROPERTY —Use description from abstractor deed, if possible, or get it from yoacr coacnty aacditor. Use an
additional sheet if extra space is needed. Be sacre to state yoacr parcel identification nacmber and whether or
got your property is homesteaded.)
Parcel identification number: 2� '� � q'�� "�'1 "V V�� omestea rNoW-homestead.
(Circle one)
Legal Description: I )4 r4olrf O� W 1/Z ofMW I/Y J J i O/ A ,
7�
�f 4rnW �,�► PAS � IV700-�,e ram' t�/ Aof NW
��''jj
of � 660
WHEREAS, the L�ndd�vner desires to receive the beneTts of participation in the State of Minnesota Metropolitan
Agricultural Preserves Program established by Minn. Stat., Chapter 473H, and has made application for initiating placement of
the Land into a Metropolitan agriculhrral preserve, a copy of which is attached hereto and incorporated herein as Attaclunent A;
and
hOr
inks classified as agricultural pursuant to Minn. Stat., Section 273.13 and
has (have) approved and certified this Land as being eligible for designation as an agriculhiral preserve; a copy of the affidavit
evidencing that the land is certified long-term agricultural is attached hereto and incorporated herein by reference as Attaclunent
B;
WHEREAS, Minn. Stat., Section 473H.05, requires that the applicant complete and file as part of his application a
"restrictive covenant which shall consritttte an easement Winning with the land";
NOW, THEREFORE, in consideration of receipt of the benefits of participation in the State of Minnesota Metropolitan
Agricultural Preserves Program, the Landowner on behalf of himself, his successors and assignees, agrees and covenants as
follows:
1. The Land herein described shall be kept in agricultural use. Agricultural use as that is used herein means the
production for sale of livestock, dairy animals, dairy products, poultry or poultry products, fur bearing animals, horticulttual or
nursery stock, fniit, vegetables, forage, grains, or bees and apiary products. Wetlands, pasture and woodlands accompanying
land in agriculhiral use shall be deemed to be in agricultural use.
2. The Land herein described shall be used in accordance with the provisions of Minn. Stat., Chapter 473H
which exist on the date of this covenant.
Minnesota Department of Agriculture
625 N. Robert St.
St. Paul, Minnesota 55155-2538
651-201-6369
AG-00869-02
2/24/09
Page 1
�gnature and Title or Position
3. This Restrictive Covenant shall be binding on the owner, or his successors and assignees, and shall be an
easement running with the land.
4. Duration. This Restrictive Covenant shall be in force and effect in accordance with the aforementioned
statute:
a. until expiration initiated pursuant to Minn. Stat., Section 473H.08 becomes final;
be until the agricultural preserve is terminated by executive order of the Governor; or
ce until the Land is acquired by eminent domain;
alI in accordance with Minn. Stat., Chapter 473H.
5. Enforcement: This Agreement and Restrictive Covenant may be enforced by the
or the State of Minnesota, or by an interested person, by appropriate action in the courts of the State of Minnesota.
This instrument was completed by on a form prepared and
approved by the Minnesota Department of Agriculture, 625 N. Robert St., St. Paul, Minnesota 55155-2538.
IN WITNESS HEREOF, the parties to this agreement have caused this instrument to be executed on the day and year
first above written. (To be signed in the presence of a notary public with exact same name as on page 1)
Witnessed Signature of Contract for Deed Vendors) (Sellers) if any:
Witnessed Si�natuire of Contract for deed Vendee(s) (Buyers if anv:
f Public Officer:
uthority)
For Individual or Husband/Wife:
State of
) SS
County of r N k )
The egoing i trument wa ackn wledged before me this
a50q o auk t
t same names) with marital status
BRENNY
Public
�- 2rt Minnesota
My Commission Expires
to ere t Jan 31, 2025
1
MY
State of
Minnesota Department of Agriculture
625 N. Robert St.
St. Paul, Minnesota 55155-2538
651-201-63 69
identity as on page
ua
ol�rGt
r�
Si t cre ofl�tary Public
Co fission Expires
SS �
County, Minnesota
AG-00869-02
2/24/09
Page 2
d
n
For Individual or Husband/Wife:
State of )
) SS
County of )
The foregoing instrument was acknowledged before me this
day of , 20 , by
(Print or type exact same names) with marital statics or identity as on page 1.)
NOTARY PUBLIC - MINNESOTA
UIY COMMIS 69EW/31/24
County of `
(Title)
The foregoing instrument was acknowledged be re me this
Tint name)
For Corporation:
State of )
SS
County of )
The foregoing instrument was acknowledged before me this
its
Corporation, on behalf of the Corporation.
For Corporation:
State of )
SS
County of )
The foregoing instrument was acknowledged before me this
its
Corporation, on behalf of the Corporation.
For Partnership:
State of )
SS
Colmty of )
The foregoing instrument was acknowledged before me this
by ,partner of
on behalf of the partnership.
Minnesota Department of Agriculture
625 N. Robert St.
St. Paul, Minnesota 55155-2538
651-201-63 69
Signature of Notary Public
Commission Expires
dayof T v`�Y� 20 �� b
� Y
of the C�Ci
C
ri
SIP �&3k
and
Signature of Notary Public
Commission Expires
20 ,
day of , 20 ,
Signature of Notary Public
Commission Expires
Signature of Notary Public
Co
mmission Expires
20 ,
a partnership,
AG-00869-02
2/24/09
Page 3