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Elk REQUEST FOR ACTION <br /> River <br /> TO ITEM NUMBER <br /> Mayor and City Council 8.1 <br /> AGENDA SECTION MEETING DATE PREPARED BY <br /> General Business November 5, 2012 Cal Portner, City Administrator <br /> ITEM DESCRIPTION REVIEWED By <br /> Bailey Point <br /> REVIEWED BY <br /> ACTION REQUESTED <br /> Authorize,by motion,the Mayor and City Administrator to execute the purchase agreement,DNR <br /> Funding Grant, amended driveway easement agreement,and access agreement for the purpose of <br /> purchasing the property from John and Nancy Babcock, known as Bailey Point. <br /> BACKGROUND/DISCUSSION <br /> Staff and counsel have held numerous discussions with Mr.John Babcock, representatives of the <br /> Minnesota Land Trust, and Mr. Eric Toth regarding the purchase of the 26-acre Bailey Point property in <br /> Elk River. <br /> Our attorneys have drawn up a purchase agreement and thoroughly reviewed the easement documents. <br /> We tentatively anticipate a closing on the property at 9:30 a.m., on November 20, 2012. <br /> Bailey Point <br /> The city has held two community meetings regarding the purchase and use of the property and have <br /> successfully applied for and received a grant from the DNR to offset the purchase price. <br /> Conservation Easement <br /> As a part of the land sale, the Babcock's are having a conservation easement placed over the land to <br /> ensure it is maintained in a natural state with only passive public use. Staff and representatives of the <br /> Minnesota Land Trust have collaborated on the easement to ensure it meets their requirements for a <br /> protected property,yet maintains some degree of potential options for future use by the city. Some of <br /> the items added to the easement include: <br /> 1) Ability to install a permanent parking lot <br /> 2) Ability to install security lighting <br /> 3) Ability to install ADA-acceptable trails, benches and signage <br /> 4) Ability to install trash and recycling receptacles <br /> 5) Ability to build rain gardens as necessary for runoff <br /> 6) Ability to build a canoe/kayaking landing and access road <br /> Toth Access Easement <br /> One of the abutting property owners, Eric Toth,previously held an easement for access to his property. <br /> The easement language was vague and Mr. Toth requested to clarify a number of points. The following <br /> N:\Public Bodies\City Council\Council RCA\Agenda Packet\11-05-2012\Bailey Point PA.docx 11`4A U R E <br />