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North Aiple Park Final DRAFT
Al- - mv� .0 OF 41 1 IS7 Ci DRAFT fc Public an Stakeholder eve ACKNOWLEDGEMENTS Stillwater City Council Ted Kozlowski (Mayor) Ryan Collins Ward 1 David Junker Ward 2 Tom Weidner Ward 3 Mike Polehna Ward 4 Stillwater Park and Recreation Commission Linda Amrein David Brandt Scott Christensen Pamela Jo Johnson Tim Moore Sam Nelson Mike Polehna Sandy Snellman Stephanie Souter Staff Bill Turnblad, Community Development Director Abbi Jo Wittman, City Planner Graham Tait, Zoning Administrator Consultants HKGi - park planning and landscape architecture FOR - natural resources MDA - architecture no 0 0 TABLE OF CONTENTS 01 INTRODUCTION & PROJECT BACKGROUND .................................................. 4 ProjectPurpose........................................................................................4 Site Context ............................................................................................ 4 Existing Site Conditions................................................................................6 ExistingSite Images....................................................................................8 Timeline of North Aiple Park's History.................................................................12 PreviousPlanning.....................................................................................14 Public & Stakeholder Engagement.....................................................................14 02 DEVELOPMENT PLAN............................................................................16 AipleResidence...................................................................................... 22 Proposed Building Modifications..................................................................... 24 03 VEGETATION MANAGEMENT PLAN.......................................................... 26 Overview 26 .............................................................................................. Landscape Description............................................................................... 26 SiteInventory........................................................................................ 27 Stewardship Goals and Management Recommendations .............................................. 29 04 IMPLEMENTATION & COST ESTIMATES.....................................................32 Phasing.............................................................................................. 32 Development Phasing Plan........................................................................... 33 Development Costs...................................................................................34 Vegetation Management Phasing & Cost Estimate ................................................... . 35 Funding Options & Sources...........................................................................36 Operations and Maintenance Considerations......................................................... 37 05 APPENDIX........................................................................................38 Conceptual Site Planning(2016-2017)............................................................... 38 Zephyr Theatre Parking Expansion: Exhibit A ......................................................... 43 Concept Plan: Impervious Surface Calculations...................................................... 44 Development Cost Estimate Detail.................................................................... 45 Vegetation Management Cost Estimate Detail........................................................ 46 Summary of Online Input (Social Pinpoint)............................................................48 Other Background Items (Baseline Report, Conservation Easement, Phase 1 Report) ................. 52 �x INTRODUCTION & PROJECT BACKGROUND PROJECT PURPOSE This planning document is meant to guide the future development and vegetation management for the City of Stillwater's North Aiple Park property located on the St. Croix River. Guided by the approved concept plan and in compliance with the property's conservation easement, the master plan utilizes community input regarding site needs and improvements as well as outlines, in detail, the vegetation management of the site. This master plan builds upon work that was completed in 2017 to create an updated conceptual master plan for the site. Recommendations in the previous plan include a connection to the Brown's Creek State Trail, addition of an ADA accessible fishing pier, additional loop trails throughout the park, interpretive signage and trailhead facilities, and restoration of vegetation and natural shoreline improvements. The current master planning process has evolved those recommendations and considers potential reuse of the existing building on the site. SITE CONTEXT North Aiple Park is located in northeast Stillwater, along the St. Croix River. The Brown's Creek State Trail runs along the west side of the property. Minnesota State Highway 95 runs north and south along the west side of the property and provides vehicular access to the site. Historic downtown Stillwater is located less than one mile south of the park site. The property includes over half a mile of river shoreline, with a sandy beach located near the Aiple residence. North Aiple Park Context Map Legend - DNR Land ® Public Boat Access Open Water ® Trailhead 0 Downtown Stillwater ___ Proposed ' Trails Project ' Site Existing Trails Stillwater _ Boundary ®Water Trail _ City Boundaries Washington County, MN State Regional Trail System Pending Finalization* ' Boundaries Creek Stillwater Stillwater Township St. Croix St. Croix Islands 0 ------- WISCONSIN ioulto, � 95 i I � — 1 T— I 5 Oak Park Heights ......................... N MINNESOTA Baytown 0 0.25 0.5 1 Miles Lift B Loop i \\.......... Baypnrt Site Character r f � w h 04L � L ii Space for path partially benched into bluff - could rh provide second � acc ont C An improved crossing from Elm Street would facilitate neighborhood access to site W*F ; Pond filled with duckweed/mucky in places • Aeration could help Natural Pool and Cave • Major point of interest ----+/- 10' Berm along either side of path • Very steep • Some buckthorn/undesirable species • Re -engineering slope to prevent erosion and Used beneficial species would be ideal Dilapidated Bridge Used to be a lower path around pond • C uld create a boardwalk to introduce a other experience/ viewpoint Garage (creek runs beneath) • Could be repurposed to provide information for natural resources interpretation + room for equipment storage —� Beach/Boat Launch Creek at base of bluff Mid-century Rambler • Requires 1 million+ in HVAC replacement, adapted interiors, and ADA updates in order to convert to a public space Lawn with scattered landscape beds and remnant foundations • Landscaping does not create spaces- should be removed or reconfigured • Remnant foundations here could be highlighted and feature interpretive elements Lawn with rows of evergreens • Spruces take up space without benefit. Should be removed or limbed up if possible. (Adequate space/grade for a canoe/kayak launch if preferred to boat launch at beach, or an additional put -in is desired Wooded Lawn — Tree -lined Entry Drive 6 �• Gate L Y� Cr4 Vehicular Entrance Am Densely vegetated, swampy woods i' • Many invasives/undesirable species present • Scattered demolition debris (bricks, rebar, wire, etc.) • 2.5 acre VIC Area may contain impacted soils below debris (unknown) • Could be selectively cleared and paved for expanded parking, or kept natural for seasonal natural surface trails (snowshoeing/hiking), or an off leash dog park ' Gateway Opportunity Opportunity into Park from Downtown f L 1 -9 1M1111];ii:I:11»4:1.11 1.1aI 1 Site Cross Sections E w S6wnYkoiedFlA�lde I � wp�w+yti5 � � � FMS� IL+II 54 lU0 �! Feek C+t�k ExIIUnUf`erwl alre Q�/a'� PM�d ChtwY .p 1 =� �o� II1 * 1 Cm EXISTING SITE IMAGES Aiple Residence Area On the river, looking west toward the Aiple residence and over the existing steel sheetwalls that were used for boat docking. July 15, 2020. View of St. Croix River from site (looking northeast). July 15, 2020. View of beach, steel sheetwalls, and Aiple residence in background from St. Croix River (looking south). July 15, 2020. View of steel sheetwalls and beach in background (view from water, looking northwest). July 15, 2020. NX, Southern Part of Property Existing parking lot at southern end of site (looking south toward Zephyr Theater. July 75, 2020. Brown's Creek State Trail at southern end of site (looking east). July 15, 2020. Wooded river's edge in the southern part of the property (view from water). July 15, 2020. Northern Part of Property Winter view of grotto and ice formations at northwest part Pond outlet structure with pond in background (looking west from berm footpath). July 15, 2020. Walking along the footpath around the pond. July 15, 2020. Pond outlet structure under downed trees (view from water looking west). July 75, 2020. Northern property edge (view from water looking west). July 15, View of St. Croix River from berm footpath (looking east). July 15, 2020. 2020. Winter view. Standing at the north end of the property looking south over the pond. January 27, 2020. 11 TIMELINE OF NORTH AIPLE PARK'S HISTORY 500,000,000 Years Ago: Shallow seas deposited sand and sediment that formed the bedrock we see today: marine sandstones, shales, and limestones from the Cambrian and Ordovician periods. 10,000 Years Ago: The St. Croix River served as a major drainage for glacial melt waters. Native Americans began occupying the St. Croix River valley. Greg Seitz I St. Croix 360 1,000,000 - 14,000 Years Ago: At least 4 glacial epochs deposited additional silt and sand, while ice and water shaped and wore away the rock formations in the St. Croix River valley i 1 {P Late 1600s: Native Americans maintain a presence in the area. The name St. Croix for the river is first recorded. Many stories concerning the name St. Croix link it to the early French missionaries, or to a French fur trader who died at the river's mouth. 17th-19th Century: The St. Croix River was a favored fur trade route from the Mississippi River to Lake Superior. In 1838, the Tamarack House was built by Joseph Renshaw Brown, known as a forefather of Stillwater. no March 4, 1854: The City of Stillwater is founded. This year, the Schulenburg and Boeckeler Lumber Mill is constructed on site (burned down in 1877). 1884-1888: Northwest Manufacturing Company used the site as a paint 1837: shop for rail cars A treaty opened the area to settlement by Euro-Americans. . ana5 faded Lena , 102T 1 y i4Aliliina 10 dsJ •-. In Mwwta4rl! Sources: Barr Engineering Environmental Site Assessment, National Park Service, St. Croix 360, Washington County Historical Society, Minnesota Historical Society 1884-1916: The property had rail lines on site to support businesses and served �� Ufa c�. rail and lumberyard. 1888-1889: Minnesota Thresher Manufacturing Company had boarding houses,,a steam dry kiln, a foundry,1, and manufacturing --- == - warehouses on site. 1904-1916: Northwest Thresher Company had a materials storage shed, a foundry, a cleaning and castings facility, a paint shop, and a separator warehouse on site. 1901-1904: 7,500 sf warehouse/ steam dry kiln demolished 1888-1904: Staples Atlee Saw Mill Co located a sawmill onsite and used the area for lumber storage. 1916-1924: 30,000 sf warehouse building/ paint shop demolished 1957: The Aiple family buys the property 1965: The Aiple residence is constructed on the former site of the Schulenburg and Boeckeler Lumber Mill 2020: North Aiple Park Master Plan in progress 2006: Phase 1 Environmental Site Assessment performed by Barr Engineering 1938-1949: Assorted fill is dumped on the land within the park. 1838 Aerial .++ Y :r 2017: Washington County purchases the property for public recreation. Initial concept plan for the park developed. 2017 Preliminary Concept Plan for the Aiple property PREVIOUS PLANNING In 2016 and 2017, the City conducted a process to evaluate site conditions and develop a preliminary site concept plan. Input from stakeholders, City staff and elected officials helped develop the high level concept for the property. Recommendations in the previous plan included a connection to the Brown's Creek State Trail, addition of an ADA accessible fishing pier, additional loop trails throughout the park, interpretive signage and trailhead facilities, and restoration of vegetation and natural shoreline improvements. The previous concept plan can be found in the Appendix of this document. PUBLIC & STAKEHOLDER ENGAGEMENT Engagement & Input Stakeholder Meeting A meeting was held at Stillwater City Hall on March 5, 2020, with representatives from local, state, and national agencies who were invited to provide input on the previously developed concept and discuss implementation of potential improvements. Notable considerations include: • For the Wild and Scenic River designation, anything under the High Water Level mark needs NPS review before construction. • The National Park Service and the St. Croix River Association are interested in seeing a kayak/canoe launch on the site as this is a missing amenity in Stillwater, and it would be used by educational programs. • There are potential partnership and funding opportunities for trail connections and kayak/canoe facilities through federal and state (DNR) grants. • Priorities for the future of the site are to not degrade it, but rather improve the natural vegetation and landscape, and to provide a place where people can "touch the river" in Stillwater. 7 MWLIL AkL4Pal-Ik Mh r:i,•rrrw�r Iw �� IY.... 1'kar�r�ai k+l� •wnrs�rw� rMyr4ti�zursr }.r*.i.r,✓a �bua hwr L wt� 141raK •s4 �r�*n�s4,rt� P.��. �I�Mi�w#I�r•SrM r'ti ,wYlrlj�ww�#Mi r^"Irl- Ir�,.trw Rawl Fl..�lv,v. Project web page on City's website Help Us Plan for the Future of North Aiple Park! What's Going On? e� me oe�r veac me cvy or nmwarer is rremmy a a� m, rvorcn Niple park. me n,a:ter plan will nrlude al long-range vision for the park and guide future feedback on chi, concept plan In order co begin io evolve the tlesign. How Can l Be Involved? Provide input on the 2017 North Aiple Park Concept Plan on Social Pinpoint: http,://hkgi. my,,ci al p i n poi,t.c,, /north -a i p le - park -master -plan#/ For updates and more information, visit.- www.ci.stil Iwater.m n.0 s/No rth Ai p I e Pa rkPl an Outreach flyer • There is interest in screening the shoreline by planting natural vegetation in places where the lawn is exposed to the river. • Low impact and low profile structures should be considered for any future facilities and amenities on the site. Online Engagement General public engagement was conducted online with an online interactive mapping tool (Social Pinpoint) with complementary survey questions. The Social Pinpoint site presented the 2017 Concept Plan for the North Aiple Park property and asked viewers to provide comments on the map by dragging pins to geographic point and providing associated comments. The page also included a short survey asking the following questions: • What proposed park features do you like? • What elements do not make sense? • Do you have specific thoughts or ideas on other ways you'd like to use the park? The Social Pinpoint page was open during the month of February, 2020, and received 7,515 total site visits to the page; 87 comments provided on the site map and previous concept plan; and 105 responses to the survey questions. Overall there was high interest expressed by public input in paddle sports, passive recreation (including hiking trails along the river), beach access, fishing, and restoration. When asking about the importance of preserving and reusing the existing building on the site, greater than 50% indicated preservation of the house was'important' or'very important' There was also interest expressed in adding amenities for park users, such as restrooms, picnic facilities, and seating or overlook areas. Most survey respondents desire natural vegetation and restoration to be employed throughout the site to keep a feeling of natural beauty, peace, and quiet. There was mixed input on parking on the site. Generally, respondents think the site should be accessible for all ages and abilities, but are concerned that providing parking will create overuse of the park. Detailed survey responses can be found in the Appendix. Social Pinpoint website screenshot showing interactive map with public comments and survey questions IMP WVPOL a fta. ��apac■ cr, .re # � � f;�Ikc-rs place ij � �fl n atural�..�,� _. arkin E P ,��c*ocrrair sh icy � r a +d.ra.elMF 1R..dwdI . M% x " Word Cloud highlighting the most used words in online comments from the public on future use of the Aiple property 15 DEVELOPMENT PLAN This section guides the future development of park facilities and amenities, such as trails, picnic areas, parking areas, and structures. The overall theme of the North Aiple Park development is passive, riverfront recreation. The development concept plan identifies proposed features at a conceptual level. Final implementation and construction of concept plan elements may differ from what is shown in this plan according to issues and opportunities that arise during the design and engineering process. While planning development features, consideration was given to existing infrastructure, natural site features, the desire to provide access to the river, the desire to provide access from the Brown's Creek State Trail to the site amenities, and requirements of the Conservation Easement. Major development recommendations include: • An ADA accessible kayak/canoe launch near the Aiple residence with an adjacent sandy beach for group kayak/canoe launching • Rehabilitation of the existing detached garage/shed to create a picnic shelter and overlook of the groundwater -fed creek • Accessible trails running the length of the site as well as connecting to the Brown's Creek State Trail • Natural surface trails through wooded areas • Picnic areas, benches, and overlooks for river viewing and fishing, along trails where feasible • An individual and small group kayak/canoe launch at the southern end of the site with stairs and potential canoe slide • Expanded parking at the southern end of the site in partnership with the Zephyr Theatre parking • Rehabilitation and remodeling of the existing Aiple residence to create an outdoor recreation focused building with public access to restrooms, potential crew boat storage, paddlecraft rental vendor space, and picnic patio/pavilion Development Concept Plan Extend storm sewer approximately 54' Ia the southeast Duffer reyLidenIiai use from park with vegetation {15-11 Existing feri[e max. helghti In disrepair-- remilve after • �M1�' Path —work with privati* homeowrivrs on access Meyetation established �. Bench and overlook at end of ADA a[ce5sibh� trail Improve existing path around former trout pond Int0 nattirall surface trail Ipop (Hat ADA a€eessible on river side due to slopeldlmen5ions) Hi hhghtn'alural paol. ndgroTkasaExistitr Feature linteiprQtive welt Strtrcturef and outlet&outlet � � Prl» Opportunity —Preserve pond, possible reuse for farnily fishing Extend and eruptive existing trail route and rehabilitate existing 100t bridge feature - r Rehabllltate existing garage into picnic Shelterl + overlook structure with tonal grate floof tip see water run under the Stru€tare i (Al ADA ACCESSIKE PAODLE LAUNCH Platform for ADA accessible paddle craft launch with adjacent sandy bead~ for group Eau nching ADA accessible pedesttlan krail connertlan to Sate ExWing steel sheet seawall structure -- Repurpose for grail. Bituminous surface AOA 43c€es5Me overlook, fishing pier from STaLeTra,l to N rth Biple Park boon ary#", Turn-aroLind lequipment drop-off Crushed limestone irail Wiq h+n pZi:ric. $eke nicks provided for bikers fjrhv Existing 345' high retaining wall wrnt Iowaik the park, I+allsc Repurpose existing garage for vendorfrentxl equipment area Parallel Pped a : a siInk #iarrdica e¢ actor Selective demolition of home and con striiction of new Spots, T SpoR for s;dlf raf re€readon building (3-season fIexible use spa€e For outdoor M j• p3rCiia7g education programming. restroomsr and boat storagel Former pool (&aryl €onverted to crew boat storage and opeo- i air paullion, a[[ess to pubIiC reStraargs Remove white spruce and add pollinator-f headly plantings Add a nalurM vegetation 'r" paved ADA accesslble trail to the words edge and picnic area strip bekween drive way.ane Picnic area, install concrete ad for 1-� icnirtables creekwherafealdfble � Is p New tonpedestrian trail - natural surface mowed grass path {(case above the floodplairr) 0 ' Shoreline plarltingsfrestoration along river +� improve existing tree -lined driveway as a ti 1 efineable asphalt surface with new pull-pffs + (oc€asionai wider stretches needed to allDw oncoming vehicles to pass bye NOTES- •Note location offoundation. rulm on the Sile••lhese i should not be disturbed In '. J during site improvement ExlstInq driveway entrance ( projects (future i'valuation lto remain for permitted = I Q4 Year flood elewy3lion Df ruins needed} groups,-stafif, and ADA I parking only 5horeIlne stabiilxatIoni Preserve stone gale poses as entry monurnent restoration needed in some Add directional signage VOSS allowing ADA parking and drop in the to the ; = w A buffer strip of shofeIine off park north and general public vegetation (native} to be parking to the southstabli5hed aior+g much 'L ML of the flverffont where feasible w 5truetures now existing or hereinafter constructed, See Exhibit A. Fxpan9ioi of must be used in public parking lot riortfi of I iLirtherance of passive Zephyr Theatre & entrariccL recreational rises In read realignment Remove exislirig inyasiwes, replant with compliance with easement „ . prairie or oak sayan,ta species In appendix. Paxpntkal 20•24 spaye parir;ng lot for trallFrdd _P and south boat IaunO; Work w- h Zephyr Then � e = l on pubricipriVaLe oSe l trail crossing of State Trall needs to have parking k adequate sight limes for both trail risers, warning signage, cross at a T-inter5e0on + F' T • INDIVIDUAL+GROUP PADDLE LAUNCH Potential €anoe slide and stairs with low profile fishing pier, paddle launch, and overlook • i Q 50 500 Master Plan Con Rehabilitate existing garage to a picnic 5helted overlook structure with metal grate floor to see water run under the Structure ADA accessible pedestrian trail connection to State Trail, bituminous suffice from State Trail to NoFth Aiple Park boundary. Crushed limestone [Fall wlthln park. We racks provided for bikers who want to walk the park tralis Turn -around and equipment drop-off VendorlrentaI equipment Weajn existing garage 0 parallel Parking: 2 ADA spaces and 1 staff parking space LO rr Wn 0 LM Detail Area A .i preserve pond, possible euse for family fishing i A ACCESSIBLE PADDLE LAUNCH ADA accessible platform for paddle [raft launch with adjacent sandy beach for grflup I launching ADA accessible QVedaok, fishing pier, ' utilize exlsting steel sheet seawalls .f J y.. ti Y 7r i Existing Reta�ning f*A wall M 0 60 10 SelLo ive €€emol+tior1 of the hawse, retrofi[ting as new recreation buildirrtj i3•seasorn flexible use space for outdoor Education programming. resvoams, and boat storage) .ii. Former pool room convefted to crew boat s[arage and open-air paviilon; a&.ess to pubh< restrooms North Canoe/Kayak Launch The northern canoe/kayak launch will include a platform for accessible loading and unloading of kayaks and canoes for handicapped paddlers. Image Source: https.11www.ez-dock.com/ owners-manuals/attachmen t/ez-launch-2/ Master Plan Concept: Detail Area B See Exhibit A: Expansion of public parking Jot north of Zephyr Theatre & entrance road realignment Portable ReStroorns (Located in Green) potential 20-24 space - Parking lot for trailhead and south boat launch; work with ZephyrTheatre on publi6private used parking lot �-t ti IZephyr Theatre and Lot I: L Ex. BualdIng 1 Remove exis#inq Invasives, replant With prairie OF oaf savanna species 100 Year flood elevation New pedestrian trail - natural surface mowed grass path (Sleep above the floadplain) Tfail crossing of StdteTrail needs -,o have adequate yLght lines f0f bath tfail users, warning signage, cross at a T-intersection k INDIVIDUAL+GROUP PADDLE LAUNCH Potential canoe slide and stairs with law l profile fishing pier, j paddle launch, and overlook 1 North Canoe Launch and Aiple Residence Focus Area Plan 0 GQ OAccessible Canoe/Kayak Launch platform and beach for group launching OVendor area for rental of canoes/kayaks/ paddleboards OScull storage, Gathering space, and outdoor access to restrooms ORiver overlook and fishing platform © Vehicle turn -around and drop-off area OSpur trail access to Brown's Creek State Trail OPicnic shelter overlooking water flow from natural bluff runoff into pond © Trail bridge overlooking pond AIPLE RESIDENCE Analysis of Existing Structure In 2016 Miller Dunwiddie was hired by the City of Stillwater to review the existing conditions of the Aiple Residence. The report identified the existing building construction: a mid-1960s two-story walkout house with a 1.5 story pool addition, totaling approximately 5,700 SF. The lower level walls are concrete block with a stone veneer above grade, and wood framed walls above with horizontal wood siding. The report observed that the home was in good condition and repair, with the following exceptions: active foundation crack at the west wall of the garage, and uneven upper level floor above garage; insect infestation in the pool addition heavy timbers; water and moisture below west entry and in pool pump room; and an undersized mechanical system reaching expected life. The report then went on to note modifications that would be required to reuse the building as a public facility, including providing ADA accessibility to each level of public use; accessible restrooms, modifications to non- complying life -safety items (railing, hand rails, fire alarms, etc); code compliance for fire separation or fire protection sprinkler; and upgraded mechanical and electrical. Two reuse options were presented at end of written report. Like the 2016 evaluation determined, the 2020 updated condition survey found the home to be in good condition with some isolated areas in need of repair. No new items were found to be of concern. ADA accessibility continues to be an impediment for reuse, requiring modification. The proposed design addresses many of the repair and modification items with changes to the structure. Remaining items, primarily moisture infiltration at the basement level, would be managed through a moisture mitigation strategy determined during the design phase, but should not be considered a deterrent for moving forward with plans to use the building. Other items that will need to be addressed and may need further study with the future building renovation include: removal of oil tanks on the property; removal of buried transformer near the house; and transfer of sanitary sewer to City sewer system. Interior Views Existing split-level entrance. January 27, 2020. Existing pool room (pool is covered). Janua,, Existing stone fireplace in lower level of home. January 27, 2020. Exterior Views Front entry (west side of building). July 15, 2020. N Existing tuck -under garage (north -facing facade). January27, 2020 West -facing facade of house. July 15, 2020. Tuck -under garage and entry (northwest side of building). July 75, 2020. South -facing facade (windows to poolroom). July 15, 2020. East -facing facade of house (pool room windows on left). July 15, 2020. East -facing facade of house with retaining wall terracing landscape toward the river's edge. July 15, POZONOa PROPOSED BUILDING MODIFICATIONS The shell of the building would mostly remain intact while the interior of the building would undergo renovations to be more accessible to group gatherings and provide public access. Proposed Upper Level Floor Plan ENTRY TAUF)CRAIR CpA1 REST STORAGE OPEN-AIR ROOM JANCrOR� COVERED EMRY1 UTILQIES J4LKWAY GATHERING OPEN TO BELOW OPEN TO BELOW OPEN TO BELOW GATHERING r i k , I KRCHEN�ffF REST ROOAA GATHERING OECK - DEPENDING ON PROGRAM NORTH, Proposed Lower Level Floor Plan LOWER LEVEIL SCULL CRAWL GAT ERI1+c AREA 11 s ORAGE II SPACE Proposed West Elevation Features of the proposed floor plan: Envelope • Much of the existing shell (walls, roof, foundation) would remain in place. A new"upper"floor would be inserted at entry grade level (between existing basement and upper floor levels) to eliminate accessibility concerns. Existing basement would become a crawl space. • Windows will be inserted at the same locations as basement windows, to utilize existing openings in the stone. Some areas of infill or modifications would be necessary, but much of the existing stone on all elevations would remain in place. Upper Level • The main level would have open gathering areas plus a kitchenette in the main part of the building. • The fireplace/chimney would remain in the center of the building, where they are currently located. Modifications would be required with change in floor level. • Restrooms would be accessible from inside the building, as well as from an open-air walkway that is covered with the existing roof. The walkway connects the east and west yards, which requires some exterior ramping to accommodate slope changes. This exterior access to the restrooms would allow them to be used by the public when the main building is locked. Lower Level • The existing garage area at the north end would become a vendor space, and would remain at current driveway level for ease of access and deliveries. An internal stair would connect to main level if necessary/desired, but would not be intended for public use. • A gathering space would anchor the south end of the Lower Level, provide a flexible area for a variety of programming. Operable garage doors would be located on the south and east elevations, to allow for open air gatherings during comfortable weather. • Scull storage would be provided at the lower level, with access from the east elevation. The intention would be to have scull storage racks on north and south walls to double load the storage room. Scull storage program precedent image. Image Source: http://www.rudkindesign.co.uk/racking%20page 1.htm Building Aesthetics Keep stone base of building. New horizontal wood siding above the stone, in a warm neutral. Precedent photos �ili �_.WSWVA VEGETATION MANAGEMENT PLAN OVERVIEW Site visits were conducted by FOR staff at North Aiple Park on 1/27/20 and 2/12/20 to evaluate natural resources. The site inventory is described for the three site characters of the park outlined in the concept plan: Nature Exploration, Picturesque Parkland, and Disturbed Woodland. Specific stewardship goals and management recommendations are provided. LANDSCAPE DESCRIPTION The North Aiple Park property consist of a thin strip of floodplain forest along the St. Croix River. Geology of the site is dominated by relatively shallow bedrock that is frequently exposed as outcrops. Overlying soils are classified as sandy or gravelly, but in many areas have been disturbed via filling and grading from historic use. Groundwater influence is strong and several seeps are scattered throughout the site. The North Aiple Park Concept Plan delineates the site into three sections based on park character: Nature Exploration in the north, Picturesque Parkland in the center, and Disturbed Woodland in the south. Overall site topography is characterized by a generally steep, modified shoreline grading to a narrow floodplain terrace, then transitioning to steep bluffs rising to the Brown's Creek state trail and Highway 95. A former trout pond is the most prominent feature of the northern area of the site (Nature Exploration), and is formed by a steep berm adjacent to the St. Croix River. Two human -made pools are situated above the northwestern slope of the former trout pond and collect water from groundwater seeps. A more gently sloping landscaped lawn with scattered trees is located in the central portion of the site (Picturesque Parkland). The southern portion of the site (Disturbed Woodland) includes steep banks with a disturbed, flat upland terrace, with steep wooded bluffs along the western boundary. A creek fed by groundwater and stormwater runs north -south along the existing driveway and flows to the former trout pond. SITE INVENTORY Existing vegetation cover was inventoried for each of the three park characters, and relevant natural resource observations were also recorded. Vegetation cover within the Nature Exploration section was most varied and is described according to specific locations. Management Units were outlined based on inventory results (see map on following page). Nature Exploration Observations North Side of Former Trout Pond (Unit A) • Woody vegetation appears to have been removed from the drainage way north of the trout pond berm relatively recently. • The cleared area consists of weedy plant species characteristic of recent disturbance such as raspberry, burdock, and dock. A potential seep is dominated by cattail. West Side of Former Trout Pond (Unit B) • The west side of the former trout pond represents the most ecologically diverse area of the site due to relatively good tree and shrub diversity, bedrock plant communities, several groundwater seeps, and two groundwater -fed pools. • Although the tree and shrub community is not especially diverse, it is diverse relative to the remainder of the site with some hackberry, ironwood, willow, red oak, basswood, American elm, and pagoda dogwood. • Woody invasives are an issue in this area, but their abundance is buffered somewhat by the better tree and shrub diversity. • Exposed bedrock and groundwater seep plant communities provide additional diversity, though species composition could not be observed due to timing of the site visits in winter. • The two groundwater -fed pools (including the "grotto") provide year-round open water. Aquatic plants were observed growing sparsely in the north pool. • Aerial imagery from the early and mid-20th century indicates that this area has been filled (possibly due to deposition from the river and/or anthropogenic filling). Historic boat mooring anchors were observed in bedrock and also suggest filling in this area. East Side of Former Trout Pond (Unit C: Berm) Very steep slopes and narrow trail. • Poor tree/shrub diversity with abundant black locust, common buckthorn, and exotic honeysuckle. Native trees include silver maple, cottonwood, and green ash with some young red oak and Eastern red cedar. Former Trout Pond (Unit 1) • Water level within the trout pond appears low • Abundant leaf litter and woody debris. • Water control structure is missing stop logs and overall condition/function is unknown. Picturesque Parkland Observations (Units D, E, and F) • This area is characterized by a landscaped open lawn, with large cottonwood and white pine and white spruce plantings (Unit E). • Several large black locust are located along the driveway (Unit D and Unit E). • White pines within the existing lawn are yellowed and appear stressed (Unit E). • Shoreline vegetation includes several native shrubs including willow, dogwood, and elderberry with box elder and green ash trees. Common and glossy buckthorn are also present along the shoreline (Unit F)• Disturbed Woodland Observations (Units D, G, and H) • This area is characterized by steep banks with a narrow strip of floodplain forest (Unit G), an upland terrace with some groundwater seep wetlands (Unit H), and the steep wooded slopes leading toward the state trail (Units D and H). • The floodplain forest consists of relatively older silver maple, cottonwood, box elder, and green ash, with several mature, fruiting buckthorn (Unit G). • The upland terrace appears to have been historically maintained as a clearing and likely storage yard based on aerial imagery from the early and mid-20th century (Unit H). • The upland terrace lacks older trees and has poor woody plant diversity. It is dominated by invasives black locust and common buckthorn, with glossy buckthorn and mulberry also observed (Unit H). • Large hybrid poplars were observed on the upland terrace near the southern extent of the park and appear to be spreading (Unit H). • Several groundwater seep wetlands were observed on the upland terrace. The seeps appeared to be more disturbed than those observed near the former trout pond (Unit H). • Several historic features were observed including a wall and circular brick structure. The function of the circular brick structure is unknown and could be stormwater infrastructure or an old well (Unit H). • Considerable rubble and debris used for stabilization was observed along the shoreline. Some rubble included potentially hazardous and unsightly iron rebar (Unit G). F: Proposed Vegetation Management Units Aiple Park RX Management Units ac0Fa00 roatin vw Y 1 x Feet 0 1 600 STEWARDSHIP GOALS AND MANAGEMENT RECOMMENDATIONS Six natural resource goals were identified for North Aiple Park. Of these, two are focused on vegetation management and the remaining four are focused on additional assessment and natural resources implementation. Goals and recommendations are described below and identified by Management Units in the map on the previous page. Cost estimates are provided in the Implementation section. Vegetation Management Goals Goal 1: Control invasive plants. Goal 2: Enhance and restore native vegetation Additional Assessment and Natural Resource Implementation Goals Goal 3: Protect sensitive groundwater seep wetlands. Goal 4. Assess existing bank stabilization practices. Goal 5: Highlight the natural resource value of Nature Exploration section. Goal 6. Assess feasibility of public trout pond. Potential partners for management include, but are not limited to, Washington Conservation District, MN DNR Parks and Trails, MN DOT, Great River Greening, Conservation Corps Minnesota, and St. Croix River Association. Potential funding sources include, but are not limited to, the State of Minnesota Environmental Trust Fund, Outdoor Heritage Fund, and Clean Water Fund. Goal 1: Control invasive plants. Woody invasive plants are prevalent throughout the site with common buckthorn and black locust most abundant. Exotic honeysuckle, glossy buckthorn, and mulberry are also present, with aquatic invasive plant watercress observed in the creek. Herbaceous invasive plants such as garlic mustard were not observed during winter but are likely present. We highly recommend that program/use of the former trout pond and berm (Units C and I) are determined prior to committing resources to vegetation management in or near these areas. Recommendations: • Vegetation management near the former trout pond (Units C and 1) should be sequenced to align with planned park use in this area. For example, vegetation management should take place after potential changes to the berm, if any. Woody invasive management (Units A, 8, C, D, G, and H): • Management of woody invasives should target mature, fruiting individuals to reduce seed dispersal. Stumps should be cut and treated with herbicide prior to re -sprouting. Stems and branches with fruits should be carefully of disposed of so that seed is not spread. • Buckthorn is a prolific seeder, and areas that have been recently cleared may quickly regenerate. Following removal of mature individuals, seedling control efforts will be needed. For small seedlings less than 3/8 inch in diameter, hand -pulling or mechanical pulling is effective. Larger individuals will require cutting and stump treating with herbicide. • Flag native shrubs and tree saplings in areas of woody invasive management to protect the native species present. • In the upland terrace of the Disturbed Woodland (Unit H), consider a forestry mow and herbicide treatment in conjunction with prairie/savannah restoration (see Goal 2). • Monitor areas of invasive plant control to determine effectiveness and assess native tree and shrub recruitment. If native trees and shrubs fail to colonize despite control of invasive species, consider targeted plantings. • Seethe Implementation section for estimated costs. Woody invasive management within Highway 95 and state trail corridor (Unit J): • Invasive woody vegetation and some potential hazard trees were observed along the western boundary adjacent to the state trail and extending beyond the park boundary to the west (Unit J). Although much of this area is located outside the park boundary, this area should be managed due to its visibility from the highway and state trail. - Manage woody vegetation adjacent to state trail and Highway 95 to improve aesthetic and ecological value. • Consider partnerships with MN DNR and MN DOT to collaboratively manage this area. • Costs are itemized separately from other Units as most of Unit J is not on City property. See Implementation section for estimated costs. Watercress management (Park -wide in creek and seeps): • Management of watercress should focus on preventing spread to groundwater seep wetlands and preventing flow obstructions within the creek. Control of watercress within the creek may not be feasible. Watercress can be removed by hand or mechanically. However, reestablishment is likely without native revegetation, and establishment of native vegetation within the creek may not be feasible. • Costs for inventory are included in the Implementation section. No specific management action is recommended, but the City should be aware of potential issues associated with watercress. Herbaceous invasive management (Park -wide): • Conduct an inventory of herbaceous plant cover during the growing season. This natural resources assessment did not assess herbaceous plant cover due to snow cover and lack of active growth. Herbaceous invasive species such as garlic mustard are common to the region and may require management. • Potential management costs are included in the Implementation section. Costs for complete inventory are included in the Implementation section. Goal 2: Enhance and restore native vegetation. Several areas of the site were identified for potential vegetation restoration and enhancement activities. These activities will improve ecological and aesthetic value of the park. Recommendations: Nature Exploration (Units A, B, C, and D) • If native trees and shrubs fail to colonize despite control of invasive species following management, consider targeted plantings. • Assess northern site boundary in area of recent tree removal during the growing season (Unit A). This area appeared disturbed during the site visits but assessment was limited due to snow cover and lack of active vegetation growth. Vegetation restoration opportunities in this area could be integrated with stormwater practices and buffering of residential use to north. • Estimated costs are included in the Implementation section. Picturesque Parkland (Units E & F): • Remove ecologically unsuitable (white spruce) and stressed conifers (white pine) within the Picturesque Parkland (Unit E). - Remove white spruce to reflect more appropriate native plant communities to the region. - Assess tree health and potential removal of white pines. Although large white pines are ecologically appropriate to the St. Croix River Valley, the white pines on site appear stressed and may be too close to the water table. • Enhance the existing shoreline of the Picturesque Parkland lawn area where few shrubs and little buffer is present (Unit F). - Plant cuttings of native shrubs such as willow and dogwood along shoreline. Plantings should include a pollinator friendly buffer. • Integrate pollinator friendly plantings in open areas (primarily Picturesque Parkland) where compatible with park use (Unit E). • See Appendix A: Table 3 for estimated costs. Disturbed Woodland (Units H and G): • If native trees and shrubs fail to colonize despite control of invasive species following management, consider targeted plantings. • Restore the upland terrace of the Disturbed Woodland to prairie or savannah plant community (Unit H). - Consider a forestry mow and herbicide treatment to remove invasives and prepare the site for restoration. - Consider large scale seeding/planting of prairie or savannah vegetation to provide pollinator habitat and restore a native plant community. - Consider the recommendations of the Phase I ESA prepared for the site when planning for potential soil disturbance. Assess soil suitability for supporting native vegetation. Estimated costs are included in the Implementation setion. Additional Assessment and Natural Resource Implementation Goals Costs for additional assessment recommendations are estimated as lump sum (Appendix A: Table 4). Costs for additional natural resource implementation recommendations are highly variable depending on scope and design and therefore are not provided at this time. Goal 3: Protect sensitive groundwater seep wetlands. Groundwater seeps have soft soils sensitive to disturbance and may harbor unique native plant communities. Recommendations (Park -wide): Assessment: • Inventory and map groundwater seeps throughout the park. • Conduct wetland delineations in areas where specific plans will be advanced to comply with local, state, and federal protections. Natural Resource Implementation: • Design park infrastructure to discourage or prohibit foot -access to seeps. Goal 4. Assess existing bank stabilization practices. Considerable rubble and debris used for stabilization was observed along the shoreline. Banks are very steep within the Disturbed Woodland section. Recommendations (Unit G): Assessment: • Consider selective removal of rubble and debris where feasible. Natural Resource Implementation: • Perform an assessment of existing banks in Unit G (Disturbed Woodland). Long-term planning could include more visually appealing bank stabilization practices. Goal 5: Highlight the natural resource value of Nature Exploration section. The west side of the trout pond is a natural resources strength and could be used an interpretive opportunity (Units B and 1). This is solely a conceptual recommendation and costs are not provided. Recommendations (Units B & 1): • Interactions between groundwater and surface water (e.g. seepage, pooling, stream on south end of trout pond, St. Croix River) are currently accessible and could be highlighted further. • Bedrock and seep communities provide access to unique plant communities and should be preserved and protected. Goal 6. Assess feasibility of public trout pond The reuse of the former trout pond for public trout fishing is an intriguing re -use of existing park elements, but requires careful consideration of technical and regulatory feasibility. Recommendations (Unit I): Assessment: • Conduct a feasibility assessment that includes, but is not limited to, the following considerations: - ADA-accessibility, particularly along narrow trail and steep slopes of east berm. Will it be necessary to lower berm and increase width? - Functional integrity of the berm (e.g. water tightness, stability) - Functional integrity of the water control structure - Bathymetry and sediment deposition of the pond (how deep is the basin?) - Sustainability of public trout fishery (what population size could it support?) - Aquatic invasive species issues with St. Croix River and stocking (could AIS be introduced from stock?) - Correspondence with DNR Fisheries Division regarding stocking regulations IMPLEMENTATION & COST ESTIMATES PHASING Improvements to the North Aiple Park property will be developed and constructed over time as opportunities arise and funding allows. This chapter identifies phasing projects according to a general timeline: • Short Term: These are high priority projects that will allow access and limited public use of the site. These are also projects that need to be completed prior to other projects.The timeline for Short Term projects is 0-5 years, but some projects could be completed later if funding does not allow completion within five years. • Mid Term: These are highly desired projects that may be more expensive than Short Term projects or need other site work to occur before they can be constructed. The timeline for Mid Term projects is 3-10 years. • Long Term: Large projects that require more engagement and planning are in this category. These projects are also typically more expensive than Short Term and Mid Term projects. The timeline for Long Term projects is 10+ years, but if opportunities arise with partnerships or funding, these projects may be constructed sooner. Development Project Phasing DEVELOPMENT PHASING �_____- E ., PLAN---- ---� Short Term Projects ' 16----- A A Site Access • Entry drive improvements B Spur trail to Brown's Creek State Trail I 1 1 I ' H C River edge trail ; ; 11 �' 1� 1' D North Kayak/Canoe Launch , 1 11 � r 6 �. D E Safety and Security improvements '• • Railing and other improvements to .L4 B L� �; E fishing/overlook platform near house • Northern boundary screening ': J Mid Term Projects 1 t L-----� F Parking Lot expansion ` 11 �, G Picnic Shelter/Pond overlook (conversion of old shed/garage) F 11 1 1 1� H Pond trail and bridge 11 ;1 , 11 ,, I Trail amenities I1 �► • Benches, picnic tables, overlooks ; ; ►; Long Term Projects L _ _ _ _ _ ; J Southern kayak/canoe launch and fishing pier • Trail connection to parking lot A K Aiple residence renovation 1 II 1, 11 , 11 1, rid, I, 1 I II F 1 11 11 1 1 11 1 — 11 1 � 1 I I 1 11 I I 1 1 11 I ► 1 111 1 I Lo Y L-- 33 DEVELOPMENT COSTS Development cost estimates are planning level cost estimates based on rounded quantities on the conceptual master plan. Costs are based on 2020 numbers of previous construction projects in the Twin Cities metro area. More detailed cost estimates will need to be completed as construction documents are developed for each park improvement item. Development Cost Estimate Entry drive improvements --proposed bituminous driveway, turn -around and ADA parking spots Short Term $322,744.50 Retaining wall (average 4 ft tall) Sidewalk atturn-around--6 ft wide concrete Spur Trail to Brown's 6' wide compacted gravel Creek State Trail Short Term $29,120.00 Bike racks River edge trail 8 ft wide paved trail to woods edge Short Term Soft surface trail through woods --clear trail, compacted Short Term $108,160.00 soft surface North Kayak/Canoe ADA Accessible Kayak/Canoe Launch Launch Short Term $47,320.00 Accessible pathway to launch--8 ft wide paved or compacted gravel trail Safety and Security Railing on fishing/overlook platform Improvements Concrete surface on fishing/overlook platform Short Term $61,230.00 Landscaping and Screening --trees, shrubs, native grasses and forbs Short Term Subtotal , $568,574.50 TOTAL SHORT TERM COST (includes 20% contingency) M $682,289.40 Parking Lot Expansion Bituminous surface Mid Term $110,000.00 Portable restroom with concrete pad (annual cost) Picnic Shelter/Pond overlook Pond trail and bridge Trail amenities Conversion of old shed/garage I Mid Term $200,000.00 8 ft wide paved trail to grotto and overlook Rehabilitate existing foot bridge Upgrades to soft surface trail on berm Benches/Picnic Tables (8) Overlooks (2) Mid Term Subtotal TOTAL MID TERM COST (includes 20% contingency) Southern kayak/canoe Canoe slide launch and fishing pier Dock/Pier Trail connection to parking lot--8 ft wide paved trail Aiple residence renovation Long Term Subtotal TOTAL LONG TERM COST (includes 20% contingency) TOTAL COST OF ALL PHASES Mid Term Mid Term Long Term Long Term $28,210.00 $60,000.00 $398,210.00 $477,852.00 $114,600.00 $1,000,000.00 $1,114,600.00 $1,337,520.00 $2,497,661.40 VEGETATION MANAGEMENT PHASING & COST ESTIMATE Total management costs were based on 10-year management plans. Total 10 years costs for all vegetation management are $165,516. Cost estimation is based on: a) 2020 dollars, b) subcontracting all implementation and necessary oversight, and c) assumption that all Management Units are implemented concurrently. Management units have varying amounts of invasive species cover and therefore varying management inputs/ costs, but for simplicity costs are averaged across Units. Vegetation Management Cost Estimate Summary A - Prepare detailed invasive species removal & site restoration plans 1 $ 3,900 B - Prepare biddable documents & assist in securing qualified contractor(s) A - Identify plant material to be protected UNIT A, 8, C, B - Remove & treat woody invasives; D, G, & H 2 $ 21,240 (Woodland C -Treat herbaceous vegetation and germinating woody invasives invasive D - Complete cover crop seeding for barren areas management 3-4 Annualize invasive species management cost (years —1-3 post initiation) $ 9,744 & woodland A - Native overseeding [1 k/acrel & bareroot tree/shrub planting & protection [1 k/ restoration) acre] 5 B - Continued invasive species management (year —4 post initiation) $ 29,292 6-10 Annualize invasive species & native vegetation establishment management (5+ $ 20,916 years post woody invasive species removal) UNITS A, B, C, D, G, & H 10-YEAR COST ESTIMATE: $ 85,092 UNIT J A - Prepare detailed invasive species removal & site restoration plans (Woodland 1 B - Prepare biddable documents & assist in securing qualified contractor(s) $ invasive A - Identify plant material to be protected management B - Remove & treat woody invasives; & woodland 2 $ 11,520 restoration) C -Treat herbaceous vegetation and germinating woody invasives D - Complete cover crop seeding for barren areas 3-5 Annualize invasive species management cost (years —1-4 post initiation) $ 6,912 6-10 Annualize invasive species management cost (years 5+ post initiation) $ 8,832 UNITS J -YEAR COST ESTIMATE: $ 27,264 UNIT E and F 1 Prepare biddable landscape plan & assist in securing contractor $ 9,360 (Picturesque A - Remove undesirable and/or dying conifers Parkland) 2 B - Execute landscape plan (foundation plantings; —1 acre of turf conversion to $ 33,900 native savanna via seeding; and shoreline plantings) 3-7 Annualized maintenance cost (0-5 years post sowing) $ 6,660 8-10 Annualized maintenance cost (5+ years post sowing) $ 3,240 UNITS E & FTOTAL 10-YEAR COST ESTIMATE: $ 53,160 POTENTIAL FUNDING OPTIONS, SOURCES, AND PARTNERS National Park Service The National Park Service (NPS) manages river access at several points along the St. Croix National Scenic Riverway. The NPS and the St. Croix River Association manage K-12 programs together ("Rivers are Alive"), and they would like to have a place in Stillwater where kids can touch the river. NPS may be interested in a partnership with a canoe/ gear rental stand (would authorize outfitters with a commercial use permit). Gateway Communities Cities or towns that lie just outside major national tourist attractions are called Gateway Communities. Stillwater or North Aiple Park could be positioned as a Gateway Community to the St. Croix River in order to potentially be considered for funding for river recreation facilities. St. Croix River Association The St. Croix River Association (SCRA) is an official nonprofit partner with the National Park Service. The SCRA works closely with the NPS on programs; they work with 6,000 K-12 kids annually. Programs include paddling and outdoor education on the river. The SCRA may be a funding partner for a kayak/canoe launch on the property and an indoor outdoor education/ programming facility at the park. Federal Lands Access Program The Federal Lands Access Program (FLAP) may have funding to support a paddle launch on the North Aiple property because it would be a linkage to the river. A grant proposal should be crafted to position North Aiple Park as a place of access (gateway) to the National Scenic Riverway to encourage it to be eligible for consideration. There will be another call for proposals in late 2021 or 2022 because FLAP is on a 3-year cycle. National Parks Foundation The National Parks Foundation is the official charitable partner of the National Park Service. They work to provide resources and support for parks and programming. Mississippi Park Connection The nonprofit partner of the Mississippi National River and Recreation Area is Mississippi Park Connection. It may be a source of information on a potential canoe/ kayak rental kiosk. Minnesota DNR Conservation Partners Legacy (CPL) program through the DNR provides funding for habitat restoration projects. DNR School Forests and Outdoor Classroom grants are potential options for North Aiple Park; a school partner would be needed to utilize the resources. Other Funding Sources The Middle St. Croix Watershed Management Organization and the Washington County Soil and Water Conservation District may have resources for water quality and vegetation restoration projects on the site. Local and national outdoor recreation groups and organizations may be sought out to partner on implementation of recreation facilities. OPERATIONS AND MAINTENANCE CONSIDERATIONS Trail types and surface management Needs to have a Needs to be Depends on ADA trail/ compacted base, so regraded and amount of access- has to be not really a pervious compacted from erosion and use; granite chip Compacte limestone maintained to stay surface - but potential time to time, bike regrade and ADA accessible to get credit for tires will dig in if resurface every pervious wet 15-25 years ADA accessible- Less erosion Depends on ' less maintenance Impervious potential than amount of use; needed to keep crushed granite/ approx. 20-25 ADA accessible limestone years Crack seal every Most ADA Impervious 4-5 years; Seal Replace every 20- accessible coat every 8-10 25 years years Pervious, but due Mowing multiple May need to Not considered to compaction, times through the address drainage ADA accessible surface will be mostly issues, roots, impervious season weeds over time Infrastructure and Utilities Items that will need to be addressed in coordination with the Aiple residence renovation and may need further study include: removal of oil tanks on the property; removal of buried transformer near the house; and transfer of sanitary sewer to City sewer system. Electrical connections maybe needed for the picnic shelter at the former garage site. Water connections may be desired in the future at the south end of the site near the trail parking. APPENDIX CONCEPTUAL SITE PLANNING (2016-2017) During 2016 and 2017, the City worked with a consulting team to evaluate existing site conditions, analyze potential opportunities, and develop preliminary concepts. The products from that process are on the following pages: Existing Conditions Site Analysis Precedents/Trends/Ideas Concept Plan 0 n rD rD m Zephyr Theatre Natural Pool and Cave Raised Path around Trout Pond Old Trout Pond Dilapidated Bridge Garage (creek runs beneath) Beach/Boat Launch OCreek at base of bluff (W Mid-century Rambler Lawn with scattered landscape beds and remnant foundations Lawn with rows of evergreens Lawn Tree -lined Entry Drive Site Photos ti lEntrance }° © Densely vegetated, swampy woods VIC (Voluntary Investigation and Cleanup Site) - possible non -petroleum contamination i -S w 0 Site Character Pond filled with duckweed/mucky in places r _ Aeration could help Natural Pool and Cave Major point of interest rh ,� "!I +/- 10' Berm along either side of path C � °7 Very steep Some buckthorn/undesirable species M ' i Re -engineering p slo a to prevent erosion and ' ir1 introduce beneficial species would be ideal F �� Dilapidated Bridge .t Used to be a lower path around pond C uld create a boardwalk to introduce r CD; a other experience/ viewpoint r t =1 ; Garage (creek runs beneath) Could be repurposed to provide information for natural resources interpretation + room for equipment storage Beach/Boat Launch �w Creek at base of bluff + Mid-century Rambler L Requires 1 million+ in HVAC replacement, adapted interiors, and ADA updates in order to convert to a public space S ace. Lawn with scattered landscape beds and remnant for path foundations partially Landscaping does not create spaces- should be removed or benched reconfigured into bluff- Remnant foundations here could be highlighted and feature could provide interpretive elements secondary Lawn with rows of evergreens access Spruces take up space without benefit. Should be removed onto site r or limbed up if possible. - C fD N An improved crossing from Elm Street would facilitate neighborhood access to site — : r . [Adequate space/grade for a canoe/kayak launch if preferred to boat launch at beach, or an additional put -in is desired Wooded Lawn Tree -lined Entry Drive Gate Vehicular Entrance Densely vegetated, swampy woods • Many invasives/undesirable species present • Scattered demolition debris (bricks, rebar, wire, etc.) • 2.5 acre VIC Area may contain impacted soils below debris (unknown) • Could be selectively cleared and paved for expanded parking, or kept natural for seasonal natural surface trails (snowshoeing/hiking), or an off leash dog park Gateway Opportunity into Park from Downtown I 1►I1117ali:I:11»41]:1;1:4LTi1:Fili4a»:1►I PRECEDENTS/TRENDS/ IDEAS r " r Expanded network of _ natural surface trails fi No Mow Meadow - � M1 I { ?N —p ti -SM V Bike & Kayak Rental Stations along the Brown's Creek State Trail for Bike -Paddle Loops s.'.. Canoe Slide Fish Cleaning Table 41: are Bio-bag Erosion Control/ ■ : F Slope Restoration 1 f� t Flexible Group Programming and/or Passive Gathering Spaces ` ,*' k' I Shoreline Restoration Off -leash Dog Area I Foraging/ Food Forest qr 4C ;Y Biocaching: Observing and " reporting different plants, birds, -• - and other wildlife via digital app Orienteering Courses Kayak Camping CONCEPT PLAN Buffer residential use from park use with vegetation and topography — Highlight natural pool and grotto as a feature / interpretive opportunity Improve existing path around former trout pond into ADA accessible natural surface trail loop, r if economically and environmentally feasible Preserve former trout pond, possible reuse for tout/family fishing Extend and improve existing trail route and rehabilitate existing foot vr: bridge feature Repurpose existing garage for beach • and paddle craft put -in storage ADA accessible beach with paddle craft put -in Portable restroom ADA accessible fishing pier, utilize existing piles Pedestrian connection to state trail. Grass surface Drop-off zone with 2 ADA parking to encourage pedestrians !i spaces for paddle craft put -in from state trail to use park trail, but discourage Improve existing lawn as picnic bikers. Bike racks ' provided attrailhead for area, preserve or repurpose existing landscaping, potential for two bikers who want to walk I0'x12'picnic shelters the park trails +. Preserve lawn, landscaping and 'fHc trees, interpretive opportunity at old mill foundations. See Exhibit Add a natural vegetation B for location and general use of strip between driveway structures in 1898 and creek where feasible New pedestrian trail - natural • surface n _ Preserve trees, replace lawn with i no -mow native grasses s E. Improve existing tree -lined driveway • �; = for beach, paddle put -in, fishing pier �►� and ADA parking access (occasional wider stretches needed to allow ��• y_ r oncoming vehicles to pass by) / 100 Year flood elevation Preserve stone gate posts as entry j., it monument Design entrance to Vehicular entrance encourage vehicles to park in lot, discourage Potential pedestrian trail segment driving into park (see Exhibit A) Preserve densely vegetated ' I area, long term opportunity for • Potential 20-24 space restoration parking lot with portable restrooms (See Exhibit A for potential layout). Consult MnDOT on R.O.W. use GROTTO/POOL NATURAL SURFACE TRAILS CANOE/KAYAK RENTAL PICNIC LAWN Park /downtown trail gateway Alternate fishing pier location FISHING PIER NOTES: » Shoreline stabilization/restoration needed in some areas » A buffer strip of shoreline vegetation (native) to be established along much of the riverfront where feasible » Structures now existing or hereinafter constructed, must be used in furtherance of passive recreational uses such as shore fishing, transient dockage, walk in boat launching, walking paths, nature observation, picnicking and trail access, while protecting the scenic and ecological values of the St. Croix River, the MN State Trail amenity and in furtherance of the recreational needs of a national, state and local clientele. 0 250 500 1,000 1,500 2,000 Feet ZEPHYR THEATRE PARKING EXPANSION: EXHIBIT A f r I g. CONCEPT PLAN: IMPERVIOUS SURFACE CALCULATIONS 1 f � 1rAllrirl4 W11•y #M�F rwX Y,.,Tr nxlx 41�,1r Wa pn•+1+NF 1•xYM wrtl:A F� wx V 1� I� n•" • � �Nr FMM �W r�r di wl{W'/ 1 R1 IWRI I 4J�X1y.Yy 4rx riw la.rp.iay LyaL NM MJNY W*4 r+'i •14X.lurwrt ...nit +""Y Wt 0-M a..xry.•..+ SJf �I�M�•IX`rW�r k+l xt llFr,lMllr,rM4 wSFrFH •f FRFy'11��' ,5r� wwwy'r�wlw"rii4 � Yw•rlllX/ w�wwi rirr w x�wy }rir{Y a Il' m..11.- l�rwt 11 rrnti Ila�t M ,.s, ♦. rh� 3■ : nr,.. ��...�wrt�.w�wwxlr� I* * - .I. Ixwryr �w�4tl tr wwrir dboq� a•27r. �r�r•lwr.rm�nlW���..nw r��rtwr ,r4�•wJ \++X!"—q, ilJ rk4w.rfi', 1� w--tww • `��hrt#lAf wIM1411FM,i 14 �TM �f ftip.J.,ux�n.r �rlw,.rlx. �rrfi+r.r+x .+. A "o fo�A H � 1 � Ntr.�'rlii vi f I EXISTING ITEM 50 FOOTAGE FaL'm119[11+Kwft 27,2" E=ffiq Nome SEr Fnolpnll %m a" Stomp f-ar 011Xt Edv" Imp rric a r rF 9)d6T Toml E1b" Ympervl Skjf i-vis PROPOSED ITEM 5JQ FOOTAGE 61Mvq Hpnlp 5EF Fompflm 5.0m 1h1-vfmlpiedPmkk*Lim vml— Usl -0:-Popoo Tral wchn Su&Tm1 fDnkkm 7A 1{PwgowdTd mmueidTmA 11-111 .0"P1epPled&tlarafmR{iThrelOk, Tf.eo'i+�aJf1d andA6lk PaJCYJp 35,1K IFi %mt pxam;B 12W IFI • oM Ur4n%?Iprlh 16I - aam kwWsouth 800 '1. -tlold Lmdfgintll I 1 - Qth f ryoposed Twh ww*i /.pk plopell�' Ill-mo TQW plQp3 yW Y vmv,g11t 5n m ..spe eiprt FMrRt+r4 71471 . ihlxr�we llwmlNw N�..1��a11w.nlrx+lr i+FF l�wl • i IWPfY LIMP Yl 46MM4-10r+IR1 IWIN 11414.11A41544 4" MW h of IM NM1•Mf4#+elf lNMft • tjX-JxF=wWlr. �/1+1.,. oflr+rfA 5lnrdli. ♦Lill iw ChM I• F lhft rF�l*i YaffilYf11L� L%hi.,ice Iwa�.a 1Yntf',r-1,W+ia,.,},Y:i�.i��n�14�; l.,^.i 'MIr;nh4n+lmh trrL'Xk Bi m ll aw rht whW I+MMI1 d 1l,t 5f Wl *4 FJay;WJa•X 4-P 1wl%1 (f .K1 1hf tIM SIi IWIO W,Md ixMMli4r,r 1`r ler WMI+.'.dt .t a 46116151YH "yi XrlV kl W zso -wo 44 DEVELOPMENT COST ESTIMATE DETAIL ITEM DETAIL PHASE ITEM EST. COST QTY UNIT UNIT PRICE SUBTOTALITEM Site Access Entry drive improvements --proposed Short Term $322,744.50 $212,100.00 35,350 SF $6.00 bituminous driveway, turn -around and ADA parking spots Retaining wall (average 4 ft tall) Short Term $30,000.00 400 SFF $75.00 Sidewalk at turn-around--6 ft wide Short Term $6,165.00 137 LF $45.00 concrete Spur Trail to Brown's 6'wide compacted gravel Short Term $29,120.00 $20,400.00 510 LF $40.00 Creek State Trail Bike racks Short Term $2,000.00 1 LUMP SUM $2,000.00 River edge trail 8 ft wide paved trail to woods edge Short Term $108,160.00 $28,800.00 720 LF $40.00 Soft surface trail through woods-- Short Term $54,400.00 1,360 LF $40.00 clear trail, compacted soft surface North Kayak/Canoe ADA Accesible launch (EZ Launch) Short Term $47,320.00 $30,000.00 1 EACH $30,000.00 Launch Accessible pathway to launch--8 ft Short Term $6,400.00 160 $40.00 wide paved or compacted gravel trail Safety and Security Railing on fishing/overlook platform Short Term $61,230.00 $7,600.00 95 LF $80.00 Improvements concrete surface on fishing/overlook Short Term $4,500.00 750 SF $6.00 platform Landscaping and Screening --trees, Short Term $35,000.00 1 LUMP SUM $35,000.00 shrubs, native grasses and forbs SUBTOTAL Short Term $437,365.00 Design and Engineering Short Term $43,736.50 (10%) Mobilization and Short Term $43,736.50 permitting (10%) Site Grading and site Short Term $43,736.50 prep (10%) TOTAL SHORTTERM $568,574.50 $568,574.50 COST Parking Lot Expansion Bituminous surface Mid Term $110,000.00 $105,000.00 17,500 SF $6.00 Portable restroom with concrete pad Mid Term $5,000.00 1 LUMP SUM $5,000.00 (annual cost) Picnic Shelter/Pond Mid Term $200,000.00 $200,000.00 1 LUMP SUM $200,000.00 overlook (conversion of old shed/garage) Pond trail and bridge 8 ft wide paved trail to grotto and Mid Term $28,210.00 $5,760.00 960 LF $6.00 overlook Rehabilitate existing foot bridge Mid Term $10,000.00 1 LUMP SUM $10,000.00 Upgrades to soft surface trail on Mid Term $12,450.00 830 LF $15.00 berm Trail amenities benches Mid Term $60,000.00 $20,000.00 8 EACH $2,500.00 overlooks Mid Term $40,000.00 2 EACH $20,000.00 TOTAL MIDTERM COST $398,210.00 $398,210.00 Southern kayak/canoe Canoe slide Long Term $114,600.00 $50,000.00 1 LUMP SUM $50,000.00 launch and fishing pier Dock/Pier Long Term $50,000.00 1 LUMP SUM $50,000.00 Trail connection to parking lot--8 ft Long Term $14,600.00 365 LF $40.00 wide paved trail Aiple residence Long Term $1,000,000.00 $1,000,000.00 1 LUMP SUM $1,000,000.00 renovation TOTAL LONGTERM COST $1,114,600.00 $1,114,600.00 TOTAL COST OF ALL $2,081,384.50 $2,081,384.50 PHASES VEGETATION MANAGEMENT COST ESTIMATE DETAIL Table 1. Cost estimate for invasive plant control and, if necessary, native plant revegetation in Units A, B, C, D, G, and H. We highly recommend that program/use of the former trout nond and berm fllnits C and flare determined nrior to committing resources to vegetation management in or near these areas. A B C D E I F G H I J PLANNING/OBS. IMPLEMENTATION 20% SUBTOTAL HOURS COST ACRE COST CONTGY. UNIT(S) TOTAL ACRES YEAR ACTIONS E*Ave rate of B*G (2* F+H+I $130/hr 0% A - Prepare detailed invasive species removal & site restoration plans 25 $ $ $ $ $ B - Prepare biddable documents & assist in securing 3,250 650 3,900 qualified contractor(s) A - Identify plant material to be protected B - Remove & treat woody invasives; $ $ $ $ $ 0 2 C - Treat herbaceous vegetation and germinating woody 30 3,900 1,500 13,800 3,540 21,240 y invasives aD - Complete cover crop seeding for barren areas co a $ $ $ $ $ 3 Annualize invasive species management cost (years -1-3 10 1,300 1 300 2,760 812 1 4,872 post initiation) $ $ $ $ $ cS 03 9.2 4 10 1,300 300 2,760 812 4,872 am A - Native overseeding [1 k/acre] & bareroot tree/shrub t 5 planting & protection [1 k/acre] 25 $ $ $ $ $ B -Continued invasive species management (year -4 post 3,250 2,300 21,160 4,882 29,292 initiation) = 6 10 $ $ $ $ $ 1,300 350 3,220 904 5,424 7 10 $ $ $ $ $ o Annualize invasive species & native vegetation 1,300 350 3,220 904 5,424 $ $ $ $ $ 8 establishment management (5+ years post woody invasive 5 65 30 2,76 68 4,092 species removal) $ $ $ $ $ 5 650 200 1,840 498 2,988 1191 5 $ $ $ $ $ 650 1 200 1 1,840 1 498 1 2,988 135 UNITS A, B, C, D, G, & H 10-YEAR COST ESTIMATE: 17,550 53,360 14,182 85,092 Table 2. Cost estimate for invasive plant control in Unit I. Costs are itemized separately from other invasive plant management as it is not City property. Planning and ohservatinn /insnectinn time arcnunted for in Unit A. B. C. D. G. and H Tahl, A B C D E F G I H 1 J PLANNING/OBS. IMPLEMENTATION 20% SUBTOTAL HOURS COST ACRE COST CONTGY. UNIT(S) TOTAL ACRES YEAR ACTIONS E*Ave * rate of B*G (20% F+H+I $130/hr A - Prepare detailed invasive species removal & site 1 restoration plans 0 $ $ $ $ $ B - Prepare biddable documents & assist in securing c qualified contractor(s) 0 o0 A - Identify plant material to be protected B - Remove & treat woody invasives; $ $ $ $ $ v 2 C - Treat herbaceous vegetation and germinating woody 0 - 1,500 9,600 1,920 11,520 invasives o D - Complete cover crop seeding for barren areas 3 'd $ $ $ $ $ 3 0 300 1 1,920 384 1 2,304 4 0 $ $ $ $ $ 6.4 Annualize invasive species management cost (years -14 post initiation) - 300 1,920 384 2,304 5 0 $ $ $ $ $ E _ 300 1,920 384 2,304 6 0 $ $ $ $ $ a 250 1,600 320 1,920 m $ $ $ $ $ 0 7 0 - 250 1,600 320 1,920 3 Annualize invasive species management cost (years 5+ post 8 0 $ $ $ $ $ initiation) 250 1,600 320 1,920 $ $ $ $ $ 9 0 200 1,280 256 1,536 $ $ $ $ $ 10 0 200 1,280 256 1,536 UNITS 1-YEAR COST ESTIMATE: 0 22,720 4,544 27,264 46 Table 3. Cnst estimate for veeetatinn enhancement in Units F. and F A B C D E F G H 1 J PLANNING/OBS. IMPLEMENTATION 20% SUBTOTAL HOURS COST L.S. COST CONTGY. UNIT(S) TOTAL ACRES YEAR ACTIONS E*Ave * rate of ( 20H% F+H+I $130/hr 1 Prepare biddable landscape plan & assist in securing 60 $ $ $ $ contractor 7,800 1,560 9,360 A - Remove undesirable and/or dying conifers 2 B - Execute landscape plan (foundation plantings; —1 acre of 25 $ $ $ $ turf conversion to native savanna via seeding; and shoreline 3,250 25,000 5,650 33,900 s m plantings) m 3 5 $ $ $ $ 650 500 230 1,380 a a 4 5 $ $ $ $ 650 500 230 1,380 3.2 $ $ $ $ a 5 Annualized maintenance cost (0-5 years post sowing) 5 650 500 230 1,380 $ $ $ $ w 6 5 650 400 210 1,260 7 5 $ $ $ $ 650 400 210 1,260 $ $ $ $ 8 5 650 250 180 1,080 Annualized maintenance cost (5+ years post sowing) 9 5 $ 650 $ 250 $ 180 $ 1,080 $ $ $ $ 10 5 650 250 180 1,080 125 UNITS E & F TOTAL 10-YEAR COST ESTIMATE: 16,250 28,050 8,860 53,160 Table 4. Additional Assessment Rerommendatinns TASK UNIT ESTIMATED 2020 COST Complete park -wide growing season floristic inventory. Complete inventory PARK -WIDE of herbaceous invasive plant. $1,500 Inventory and map groundwater seeps park -wide. Evaluate seeps and PARK -WIDE creek for watercress impacts ands read. $1,000 Conduct wetland delineations where specific plans will be advanced. PARK -WIDE $4,000 Assess feasibility of public trout pond and evaluate integrity of embankment UNITS C & I and associated outlet. Complete associated soil borings and geotechnical $15,000-$30,000 evaluation. Assess existing banks for stability and vet potential improvements for UNIT G instabilities. $3,000 SUMMARY OF ONLINE INPUT (SOCIAL PINPOINT) The following charts and graphs represent a summary of the input received during February, 2020, on the Social Pinpoint interactive mapping application and survey. What improvement would you most like to see at North Aiple Park? Response Tags from April 09, 2020 Survey Export Beach Fishing Restoration Education Restore Trout Pond Accessible Preserve Rowing Pedestrian Safety ■ Commercial ■ Nature Play ■ Parking ■ Winter Recreation Active Recreation Art Birding Boating Gardens Screening Trailhead Passive Recreation Paddle Sports 0 5 10 15 20 25 30 35 40 How important is preservation and reuse of the existing building? April 09, 2020 Survey Export Very Imp Somewha Important itral iportant Paddle Sports 15 12 9 6 3 0 Passive Recreation 15 12 9 6 3 0 Restoration 15 12 9 6 3 0 Topics from April 09, 2020 Social Pinpoint Comments Export Having a launch for canoes, kayaks, and paddleboards is over- whelmingly desired. People cite it as a missing amenity in Stillwa- ter and the difficulties competing with motorized launches else - Highest Priority where. Some want a put -in very close to parking, for ease of launching, or a dedicated drop-off/pick-up parking zone. Others desire rentals so that parking and additional impervious is not Like It! necessary (and so the launch is accessible for those who do not have their own crafts). New ideas include using the garage as a cold storage space that could be rented by paddlers who want to keep their craft onsite. Generally, people love the peace and quiet of being in a park along the river. There is good support for walking trails throughout the -lighest Priority park, with mixed reviews of whether the trails should be natural surface (suggested for the State Trail Connection to discourage Dislike It. biking into the park) or accessible paved. People are intrigued by the grotto and trout pond and would like to explore those areas. People overwhelmingly support places to picnic (tables and shel- ters) and access to restrooms/drinking water. Generally, people like _ike It! the idea of biking to access the park (and want bike parking within sight of amenities), but some are concerned about the park becom- ing a throughway for cyclists and skateboarders. New ideas include adding a seating area with firepit, including an informal (loose parts) nature play area, and having amenities for dog owners. There were many comments in favor of restoration of habitat _ike It! within the park, especially along the shoreline. Suggestions include replacing lawn with no mow or pollinator lawns, using native plants, removing invasives, avoiding unnatural lighting, and using vegetative shoreline restoration rather than rip rap. In general, people want to preserve the areas of natural beauty and the peaceful, quiet access to nature along the river. 4W_ Beach 15 12 9 6 3 0 Parking 15 12 9 6 3 0 Fishing 15 12 9 6 3 0 Topics from April 09, 2020 Social Pinpoint Comments Export Highest Priority Like It! Highest Priority Dislike It. Like It! People frequently mention liking a beach when they mention water and/or paddle access. Parking was a contentious issue in the Social pinpoint, with passionate respondents posting multiple times about it. Those in favor thought it was essential to older visitors, those with disabili- ties, and to paddle access. Others thought cars should not be allowed in the park, adding impervious surface is irresponsible, and there is parking available downtown. -lighest Priority People who mentioned the pier or fishing were very supportive of it and labeled fishing access a high priority. Some suggested _ike It! having two fishing pier locations and another said one would be enough. Having an accessible fishing pier with ADA trail is desired. Education 15 12 9 6 3 0 Reuse the Building 15 12 9 6 3 0 Topics from April 09, 2020 Social Pinpoint Comments Export Highest Priority Like It! ighest Priority islike It. ke It! Among those who mentioned education, three deemed it the park's highest priority. Some suggest reusing the building as an educational center, while others want to see both indoor and outdoor space available for hands-on education, including acces- sible places to access the water and creative nature play areas for schools, clubs, and the general public. One respondent thought that the building was the highest priority, but two others had doubts about the cost/potential success of attempting to repurpose it. In general, people want places to picnic and store/rent paddle craft, along with places to gather for educa- tion, but they are open to those things being done in open shelters or a new on -site facility. 51 OTHER BACKGROUND ITEMS Baseline Report for Conservation Easement Exhibit B: Buildings in 1898 Map Quit Claim Deed Conservation Easement 2016 Architectural Review of Aiple Residence Phase 1 Environmental Site Assessment BASELINE REPORT For a Conservation Easement Held by Washington County Benefitting the City of Stillwater 1513 Main Street North, Stillwater, MN 55082 (former Aiple property) March 21, 2017 Page 1 of 10 1513 Main Street N., Stillwater, MN 55082 (former Aiple property) CONSERVATION EASEMENT Location and Contact Information Landowner: City of Stillwater Mailing Address: 216 Fourth Street North Stillwater, MN 55082 Contact Person: Bill Turnblad, Community Development Director Phone Numbers: 651-430-8821 Property Address: 1513 Main Street North Stillwater, MN 55082 Property Identification Number: 2103020410026 Direction and Access to the Property: The property is located in northern Stillwater between Hwy 95 and the St. Croix River. The Brown's Creek State Trail runs along the western boundary of the parcel. A driveway into the property crosses Brown's Creek State Trail toward the house. The southern boundary of the property is adjacent to Stillwater Marina and Yacht Club and the northern boundary is adjacent to two parcels owned by Lakeview Harbor and Alan Hahn. Page 2 of 10 Table of Contents 1. Project Description a. Property Description b. Site Evaluation C. Washington County Agreement with the City of Stillwater d. Washington County Agreement Amendment with City of Stillwater 2. Maps and Photographs a. Property Map - Close Up b. Property Map - Context C. Topography Map d. Plat Map e. Survey f. Photographs of Property 3. Management Plan To be completed by the City of Stillwater as required by state funding 4. Monitoring Reports Template to be completed during annual inspections Page 3 of 10 Property Description 1513 Main Street N., Stillwater, MN The Protected Property referenced in this report (PIN 12.030.21.21.0005) is subject to a conservation easement held by Washington County. Property Location and Description The Protected Property is 14.95 acres and located in northern Stillwater between Hwy 95 and the St. Croix River. The Brown's Creek State Trail runs along the western boundary of the parcel. A driveway into the property crosses Brown's Creek State Trail and goes through a gate toward the house. The southern boundary of the property is adjacent to Stillwater Marina and Yacht Club and the northern boundary is adjacent to two parcels owned by Lakeview Harbor and Alan Hahn. It is located within the Lower St. Croix River Bluffland and Management Overlay District. The parcel is rectangular and elongated with approximately 3,300 feet of frontage on the St. Croix River and multiple levels of terrain. The 5.6 acres south of the gate are undeveloped and mostly covered with buckthorn and trees at the time of sale. The 9.35 acres north of the gate include a house, garage, driveway, turf grass, and pond. Generally, the terrain slopes steeply upward approximately ten feet from the St. Croix River to an area of level terrain. This area of level terrain ranges between 75 feet to 200 feet in width throughout the parcel. The remainder of the parcel slopes steeply upward to the west approximately 30 feet to the Brown's Creek Trail and gradually declines in elevation to grade level in the southerly portion of the property, which flows north along the steeply sloping area. This stream flows into a small pond, which then, filters into a larger pond located in the northerly portion of the property. There is a dike located along the easterly embankment of the larger pond, which separates the pond from the St. Croix River. Also located within the pond is an outlet control structure. This structure regulates the interaction of the pond and the St. Croix River. Heavily wooded areas are concentrated in the northerly portion of the subject and along the property boundaries, with the central portion of the site consisting of moderate tree cover. Acreage 14.95 acres Easement Date March 2017 Project Chronology 1) Landowner submits a letter to Washington County indicating an interest in selling the property for conservation purposes (12-18-12). 2) The Stillwater City Council votes to collaborate with Washington County in purchasing the Aiple property for conservation purposes and agrees to own and manage the project (1-8-13). 3) The Washington County Board authorizes submittal of a funding proposal to the Legislative Citizens Commission on Minnesota Resources (LCCMR) for $2.5 million by July 1, 2013 to provide matching funds to acquire the Aiple property. Page 4 of 10 4) The Stillwater City Council approves a letter of support for a LCCMR funding proposal submitted by Washington County for matching funds to purchase the property for a public park and in which the City agrees to restore much of the property to natural conditions, provide passive recreational uses, pay the balance of purchase price to Washington County, complete a management plan, and own and maintain the property (5-7-13). 5) The project is awarded $1.25 million in funds available beginning July 1, 2014 from the LCCMR. 6) Washington County and the City of Stillwater enter into a joint powers agreement effective until December 31, 2016, whereby the County agrees to take the lead in landowner negotiations and acquisition transactions and the City agrees to own and manage the property as a park (1-14-14). 7) Washington County has an appraisal completed (7-17-13). It is later updated to meet state funding requirements. 8) The Washington County Board directs staff on 12-3-13 to make an initial offer to landowner, discussions continue and landowner accepts final offer in a July 9, 2014 letter to the County. 9) The Stillwater City Council approves a purchase agreement with Washington County to pay the balance remaining after state funds and county funds are applied. Prior to conveyance of the former Aiple property from Washington County to the City of Stillwater, a conservation easement must be recorded and concept and master plans completed (1-7-14). 10) Washington County Board meets in Executive Session to provide direction on amount and conditions of the county's contribution. The intent is for the County to purchase the property initially and later transfer the property to the City of Stillwater after recording an easement on the property (1-14-14). 11) Washington County approves $4.3 million purchase agreement and lease providing landowner ability to remain on property (9-23-14). Contributions to the project are $1.25 million from the LCCMR, $1.925 million (plus other transactional costs) from Washington County and $1.125 million from the City of Stillwater. 12) Washington County closes on property (11-25-14). 13) The City of Stillwater convenes a focus group to assist with development of a Concept Plan (9-14-16). The focus group discusses site inventory, conditions and potential uses of the property. On November 3, 2016 the City holds a public community meeting to review the site inventory, conditions, focus group discussion, and brainstormed potential uses of the property. HKGi planning consultant group assists the City with the development of a Concept Plan based upon site visits, focus group discussions and comments from participants at these meetings (11-3-16). The City of Stillwater reconvenes the focus group to review and discuss a first draft of the Concept Plan (12-12-16). The Stillwater Park Commission reviews the draft Concept Plan and recommends approval (12-19-16). 14) Washington County and City of Stillwater amend their agreement to extend the deadline for conveyance of the property from the County to the City to March 31, 2017 (1-10-17). 15) The City Council reviews (1-17-17) and adopts the Concept Plan (2-7-17). 16) The City Council reviews the draft conservation easement (3-7-17). Conservation and Public Purposes This project meets the County's Land and Water Legacy referendum purposes to preserve wetlands and woodlands, protect drinking water sources; and improve water quality of rivers, lakes and streams; purchase parkland and protect land along water bodies from development. Page 5 of 10 The public purposes being served by this particular project include: 1) The protection of this property assists in returning the property to a less developed state and enhance its natural character, contributing to a larger complex of open space along the St. Croix River, within the City of Stillwater and in the St. Croix Valley. It provides scenic and open space views that are a pleasing contrast to surrounding development and are to be enjoyed by the general public from public rights -of -way, including bike trails, and through its use as a park. 2) The protection of this property contributes to a larger scale effort to provide ecological connectivity and support biological diversity in the St. Croix River Watershed. 3) The protection of this property helps protect air quality through its preservation of tree canopy. 4) The protection of this property improves surface and ground water resources by limiting the physical degradation caused by soil movement and increased asphalting typically endured as part of the development process, and by reducing the volume of runoff and potential flooding. It further enhances the ecosystem's ability to clean water and reduce concentrations of substances produced by society by maintaining an area for infiltration and natural treatment of storm water in the watershed. 5) The protection of this property prevents privatization of access to this segment of the St. Croix River. Existing Structures or Improvements As of the time of sale, the site has been improved with an entrance gate, bituminous parking and driveway improvements, a stone retaining wall along the southerly elevation of the single-family residence, and numerous drainage pipes are located in the hillside of the westerly sloping area. The property also contains a split entry, single-family residence, built in 1967, that has approximately 3,444 square feet of total finished area. There are four bedrooms, three and one-half baths, a sun room, patio, a desk, a two -stall attached garage, and a two -stall detached garage. Present/Intended Uses The City of Stillwater owns the property for the primary purposes of conservation and passive recreation. Its ownership and the Washington County's recording of an easement protect the property from development and an increase in impervious surfaces near the St. Croix River. The City plans to use the property for native vegetation, water quality or quantity improvement and management facilities, river bank stabilization and improvement systems and passive recreation. Boundaries and Adjacent Property Description The St. Croix River runs the entire length of the property's east side. The Brown's Creek State Trail runs along the western boundary of the parcel. The southern boundary of the property is adjacent to Stillwater Marina and Yacht Club and the northern boundary is adjacent to two parcels owned by Lakeview Harbor and Alan Hahn. Environmental Report A Phase I Environmental Assessment was completed in August of 2014 by Barr Engineering. The assessment revealed no evidence of recognized environmental conditions in connection with the property with the exception of: 1) a 55-gallon steel drum; 2) historical use of the property as a sawmill, manufacturing facilities and rail yards; and 3) undocumented fill located on the northern half of the property, adjacent to the St. Croix River. All available historical information and maps were also reviewed. Page 6of10 Field Visits By: Jane Harper Date: September 14, 2012 By: June Mathiowetz, Washington County Administration, Land and Water Legacy Program Date: October 11, 2016 Photos By: June Mathiowetz, Washington County Administration, Land and Water Legacy Program Date: March 17, 2017 Report Author June Mathiowetz Washington County Administration, Land and Water Legacy Program Date: March 21, 2017 Date Report Completed I, the Ian r, h e the entire Property Report and declare that it accurately reflects the condition of the Protecte a (recording this conservation easement. Owner Washington County Page 7 of 10 Date Date Land and Water Legacy Program Site Evaluation Project Name: Aiple Property, City of Stillwater Project Description Fee purchase of 15 acres including 3,300 feet of St. Croix River shoreland Location PIN: 2103020410026 Located at north end of Stillwater, between Hwy 95 and the St. Croix River The Brown's Creek State Trail runs along the western boundary of the parcel Estimated Market Value for taxes payable in 2014: $1,129,600 ($801,100 land, $328,500 building) Current Zoning: • Single-family residential • Within Lower St. Croix River Bluffland and Management Overlay District with 100 foot shoreline setback 2030 Planned Land Use: low -density residential Current land covers and features: • Acres south of the gate are undeveloped and mostly covered with buckthorn • Acres north of the gate include the house, driveway, turf grass, manmade trout pond, and large docks LWLP Rating Low priority ranking for land protection in the LWLP Conservation Plan: 4 out of 30 points Special focus area: St. Croix River frontage General Criteria • Meets referendum purposes to improve water quality of rivers, lakes and streams; purchase parkland; and protect land along water bodies from development. • Public purposes served: protect surface waters of the St. Croix River, provide public recreational opportunities Ecological Criteria • Within 100 meters of and having a positive drainage to the St. Croix River (2 pts) • Parcel contains steep slopes with ground water seeps and highly erodible soils (1 pt) • Included on the Washington County Digital Flood Insurance Rate Maps (1 pt) • Public acquisition and restoration of the turf and invasive species to a more natural condition will have positive impacts on the river environment such as improved ecological diversity and ecosystem connectivity; increased breeding and migratory habitat for waterfowl, shorebirds, and neo-tropical migrants; and better filtering and storage of storm and flood waters. (not scored) Other Considerations — not scored • Adjacency: Parcel is immediately adjacent to the Brown's Creek State Trail. • Connectivity: Restoration of this property will expand an existing corridor of natural lands along the St. Croix River and Brown's Creek that are owned in fee by the DNR and the NPS or are permanently protected via easements held by the NPS. The land would also connect to the river frontage currently owned by the City of Stillwater. Page 8 of 10 • Conservation Priority: This acquisition is consistent with the Statewide Conservation and Preservation Plan goals to protect critical shorelands such as the St. Croix River. This property is located within the Lower St. Croix National Scenic Riverway District and is one of the longest stretches of St. Croix River frontage remaining in single ownership in the county. • Public Use/Access: Public ownership of the property would enhance the trail users experience and provide additional recreational opportunities on the river. The city will own and manage the land as a nature park serving trail users, river users, tourists and area residents. The city will offer passive recreational uses such as shore fishing, transient dockage, walk-in boat launching, walking paths, nature observation, picnicking and trail access. • Leveraging Financial Resources: The city will provide some matching funds. The county has applied to the Legislative Citizen Commission on Minnesota Resources and the Lessard -Sams Outdoor Heritage Council for matching funds. • Imminence of Threat: The landowner is elderly and is seeking to sell her property. Project Proposal Washington County is partnering with the City of Stillwater to acquire 15 acres with 3,300 feet of frontage on the St. Croix River to preserve the ecological integrity of and increase the public access to the St. Croix River. In the summer of 2012 the landowner's attorney informed the county that she is very interested in selling her property along the St. Croix River to preserve the land. Over several months staff worked with other public agencies and conservation organizations to determine if there was interest in pursuing public ownership of all or a portion of the property and who would own and manage the property. The City of Stillwater agreed to own the property and manage it as a city park. Washington County agreed to take the lead in seeking matching funds and in carrying out the acquisition work. The county will retain an interest in the property in the form of a conservation easement. The county and city will work with key stakeholders including the Department of Natural Resources (DNR) and the National Park Service (NPS) to prepare a master plan for the recreational use and restoration of the property. An appraisal is currently underway. Other options considered: • The National Park Service is supportive of the project but it cannot acquire the property because it is outside the National Scenic Riverway District boundary. • The DNR thinks the property makes more sense as a city or regional park; it is too small and manicured for a state park and they don't need it for the Brown's Creek State Trail. The DNR supports the public acquisition of the property; it would be a nice trail amenity as many trail users look for places to rest in the shade when they get to the end of the trail. • Although the DNR is supportive of increased fishing opportunities that the property could provide, the agency's Aquatic Management Program has limited dollars for acquisition and management. The Program's priority is to acquire land that has had no shoreland modification and no structures. • Several years ago, the DNR considered this property for a water access site but the agency is now committed to developing a water access south of Stillwater after the bridge is completed. • The property is too small to be a regional park. The Met Council believes that the property is a better fit as a local park. Page 9 of 10 Monitor: Organization: Washington County Date: Property Owner: Address of Property: Address of Property Owner: Phone: Home Date of Monitoring Visit: Conservation Easement Monitoring Report Work Did the Property Owner (or Property Owner's representative) accompany the monitor? Yes No If yes, the name of person(s) accompanying the monitor: Property Status Has the property changed Property Owners since the last monitoring: Does the Property Owner have any plans to transfer or sell the land in the immediate future? Property Owner Concerns Does the Property owner have any questions or concerns? Percent Land Use How is the protected land currently being used? Have any human alterations occurred to the property since it was last monitored? Have any alterations occurred to the property by natural causes? Potential problems or specific areas to visit on future inspections (please give detailed information for next year's monitor). Easement Compliance Are there any areas of concern? (Signature of Monitor) Date Accompanied by: Page 10 of 10 Buildings in 1898 Locations per Sanborn Maps Boarding houses I Territorial Prison C Mill workers' homes ao❑ IN Svendson Lumber Yard Slabs Schulenburg Boeckler Lumber Mill Svendson Dimensional Lumber Yard MN Thresher MFG, Long warehouse Steam kiln Legend railroad 1898 Aiple residence bldgs existed 1898 Aiple Property River 2013 Parcels (2016) Receipt:#368356 — 1248441 - - QCD $46.00 CONV $5.00 SOT $1 65 I Transferred Entered N. e5 CRVDNot Required Certified Filed and/or recorded on: 7/24/2017 2:05 PM to: CIturn TY OF STILLWATER 1248441 216 N 4TH STREET STILLWATER MN 55082 Certificate * 72048 75320 i Office of the Registrar of Titles Washington County, Minnesota Jennifer Wagenius, Registrar of Titles Kevin Corbid. Auditor Treasurer (Top 3 Inches reserved for recording.data). QUIT CLAIM DEED Business Entity to Business Entity eCRV number: DEED TAX DUE: $ DATE: 2017 FOR VALUABLE CONSIDERATION, the Washington County, a body politic and corporate under the laws of Minnesota, ("Grantor'), hereby conveys and quitclaims to the City of Stillwater, a Minnesota municipal corporation ("Grantee"), real property in Washington County, Minnesota, legally described as follows: See Exhibit A attached hereto. Reserving its interests as set forth in the Conservation Easement identified on attached Exhibit B Check here if all or part of the described real property is Registered (Torrens) X together with all hereditaments and appurtenances belonging thereto. The total consideration for this transfer of property is $500.00 or less. Check applicable box: X The Seller certifies that the Seller does not know of any wells on the. descnped real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: [...1.) ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Page 1 of 19 Grantor Washington County 7/) BY: _ car a/' V 0 By: 0 State of Minnesota, County of Washington On this 2A9day of 2017, before me a Notary Public within and for said County, personally appeared `5a We -A i, and 6 O kvui. be,, the 80� ' 6Gt& t i— and the t`s ✓� respectively of the Washington Cou , a body politic and corporate under the laws of Minnesota, and that daid instrument was signed on behalf of said entity by authority of its and said officers acknowledged said instrument to be the free act and deed of the entity. (Stamp) DEBRA K. MCDONALD Notary PubNo-Mlrxmota wy cAmmie w EVW Jae a1, zm9 THIS INSTRUMENT WAS DRAFTED BY: Washington County Public Works and Washington County Attorneys Office 11660 Myeron Road North StlRvater, MN 55082 (651)430.4391 (signadue ad notarial otfioe� . Title (and Rank): �d DYdr�vr My commission expires: (MoWday4W TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: City of StilMater 216 N. 4b Street StllMater, MN 55082 Page 2 of 19 EXHIBIT A Parcel A: All that part of Reserve in Block Fifty -One (51) of Carli and Schulenburg's Addition to Stillwater, as surveyed and platted and now on file and of record in the office of the Registrar of Deeds of Washington County, Minnesota; All that part of Lots Seven-(7) and Eight (8), Block Thirty-two (32) of said Addition and the land lying East and in front of Blocks Fifty-one (51), Thirty-two (32) and Seven (7) of said Addition; and all that part of Lot One (1), Section Twenty-eight (28), Township Thirty (30) North, Range Twenty (20) West; and all that part of Tract Three (3) described in Certificate of Title No. 48, issued by the Registrar of Titles of Washington County, Minnesota, on February 6,1912, described as follows, to -wit: Beginning at the intersection of fhe Southady lir e of E ;st Laurel Street (extended Easterly with IIie Easterly sine of the right of way of the Northern Pacific Railway Company); thence Northwesterly along said Easterly line of said right of way thirty-seven hundred and eighty-five (3,785) feet, more or less, to its intersection with the Northerly line of East Poplar Street (extended Easterly); thence Easterly along said Northerly line of said Poplar Street (extended) two. hundred and twenty-seven (227) feet more or less, to the Westerly shore line of the St. Croix River, thence Southwesterly along said shore line of said river to its intersection with said Southerly line of said Laurel Street (extended Easterly); thence Westerly along said Southerly line of said Laurel Street two hundred ninety-two (292) feet, more or less, to the.point of beginning; Except the following: Commencing at the intersection of the Southerly line of East Laurel Street (extended Easterly) and the Easterly right of way line of the Northern Pacific Railway Company for a point of beginning; thence Northerly along the said right of way line a distance of 540.35 feet to an iron pipe; thence Easterly at an angle of 90 degrees with said right of way line to the shore line of Lake St. Croix;'thence Southerly along the shore line of said Lake St. Croix to its intersection With the South fine of -Laurel Street (extended Easterly); thence Westerly along the South line of Laurel Street (extended Easterly) to the point of beginning. Subject to all easements and rights -of -way of record. As amended by Myron Shepard's Perfected Plat of the City of Stillwater, dated May 21, 1878. Washington County, Minnesota. Parcel B: Easement for Driveway Purposes as currently laid out and traveled over and across the following described property asset forth in Easement Agreement dated November24, 2014 filed December 22, 2014 as Document Number 1231733 in the office of the Register of Titles, Washington County, MN over: that portion of the BNSF Railway Company's (formerly Northern Pacific Railway Company) Stillwater Branch right of way, as now located in Section 21 and Section 28, in Township 30 North, Range 20.West, fourth Principal Merdian. Page 3 of 19 EXHIBIT B "CONSERVATION EASEMENT" I. RECITALS A. Seller County of Washington is the owner of 15 acres of real property, herein referred to as "Protected Property" in Washington County, Minnesota, which is particularly described in Exhibit A and generally depicted on the Property Map in Exhibit C. Both exhibits are attached to this conservation easement and incorporated herein by this reference The County of Washington, a body politic and corporate, is qualified to acquire and hold conservation easements under Minnesota Statutes Chapter 84C and Section 170(h)(3) of the Internal Revenue Code of 1986, any amendments and any regulations promulgated thereunder. B. Protected Property The Protected Property (Washington County PIN 21.030.20.41.0026), formerly known as the Aiple property, has approximately 3,300 feet of a largely wooded shoreline sloping toward the St. Croix River and containing a beach. It lies within the Lower St. Croix National Scenic Riverway District as an elongated and rectangular piece of land just north of the former Minnesota Zephyr depot in downtown Stillwater. The Browns Creek Trail that opened in the fall of 2014 runs parallel with the property to connect downtown Stillwater to the Gateway Trail. Generally, the terrain slopes steeply upward approximately 10 feet from the St. Croix River to an area of level terrain that ranges from 75 to 200 feet in width throughout the parcel. The remainder of the parcel slopes steeply upward west approximately 30 feet to the Brown's Creek Trail in the northerly portion of the property and gradually declines in elevation to grade level in the southerly portion of the property. There is a stream located along the westerly portion of the property, which flows north along the steeply sloping area. This stream flows into a small pond which then filters into a larger pond located in the northerly portion of the property. There is a dike located along the easterly embankment of the larger pond that separates the pond from the St. Croix River. Also located within the larger pond is an outlet control structure regulating the interaction of the pond and the St. Croix River. Heavily wooded areas are concentrated in the northerly portion and along the property boundaries with the central portion of the site consisting of moderate tree cover. The Protected Property currently has one house located on it. The site also has an entrance gate, bituminous parking and driveway improvements, a stone retaining wall along the southerly elevation of the single-family residence, and numerous drainage pipes located in the hillside of the westerly sloping area. C. Conservation Values 1. Collectively and individually the following natural, scenic and ecological qualities and the open space character of the Protected Property comprise its "Conservation Values." There is public value in conserving the following aspects of the property with this Conservation Easement: Page 4 of 19 a. The protection of this property assists in returning the property to a less developed state and enhancing its natural character, contributing to a larger complex of open space along the St. Croix River, within the City of Stillwater and in the St. Croix Valley. It provides scenic and open space views that are a pleasing contrast to surrounding development and are to be enjoyed by the general public from public rights -of -way, including bike trails, and through its use as a park. b. The protection of this property contributes to a larger scale effort to provide ecological connectivity and support biological diversity in the St. Croix River Watershed. c. The protection of this property helps protect air quality through its preservation of tree canopy. d. The protection of this property improves surface and ground water resources by limiting the physical degradation caused by soil movement and increased asphalting typically endured as part of the development process, and by reducing the volume of runoff and potential flooding. It further enhances the ecosystem's ability to clean water and reduce concentrations of substances produced by society by maintaining an area for infiltration and natural treatment of storm water in the watershed. e. The protection of this property prevents privatization of access to this segment of the St. Croix River. 2. These Conservation Values of the Protected Property are further set forth in the Baseline Property Report dated March 21, 2017 that the parties acknowledge accurately represents the present condition of the Protected Property. Each of the parties has a copy of the Baseline Property Report. The Seller will use the Baseline Property Report as the basis for monitoring subsequent uses of the Protected Property and enforcing the terms of this Conservation Easement. 3. These Conservation Values have not been and are not likely to be significantly impaired by the continuous use of the Protected Property as described. above or as authorized in this Conservation Easement. 4. The preservation and protection of these Conservation Values will provide significant benefit to the public. D. Conservation Policy Preservation of the Protected Property will further the governmental policies established by the following: 1. The Federal Government allows the County of Washington to acquire and hold easements through Section 170(h) (3) of the Internal Revenue Code of 1986, including any amendments and regulations promulgated thereunder. 2. The State of Minnesota through Statute Chapter 84C authorizes the State and political subdivisions thereof, as well as nonprofit organizations to preserve, acquire or hold lands for open -space uses, which specifically include farmland, wetlands, native or restored prairie, or lands deemed critical to protecting soil, water quality, and enhancing fish and wildlife habitat; and that actions pursuant to these purposes are for the public health, safety, and general welfare of the citizens of the State of Minnesota and for the promotion of sound land development by preserving suitable open spaces. 3. The State of Minnesota's Environment and Natural Resources Trust Fund (ENRTF) is a permanent fund constitutionally established by the citizens of Minnesota to assist in the protection, conservation, preservation, and enhancement of the staWs air, water, land, fish, wildlife, and other natural resources. Currently forty percent of net Minnesota State Lottery proceeds are dedicated to building the Trust Fund and ensuring future benefits for Page 5 of 19 Minnesota's environment and natural resources. This project was partially funded by the ENRTF through the Legislative -Citizen Commission on Minnesota Resources. 4. The Washington County Board of Commissioners through adoption of Ordinance 175 Acquisition of Development Rights has declared public open -space benefits result from the protection and conservation of natural areas including the protection of scenic areas for public visual enjoyment from public rights -of --way; that the conservation and protection of restored natural areas as valued natural and ecological resources provide needed open spaces for clean air and clean water as well as for aesthetic purposes; that public benefit will result from the conservation, protection, management and improvement of natural areas; and that the preservation of open -space is vital to the public interest of Washington County through its economic, environmental, cultural and scenic benefits. 5. The Geologic Agas of Washington County assigns more than half of the Protected Property a rating of "highest sensitivity" of the ground water systems to pollution, meaning that pollutants in this area can reach ground water in a very short.time. 6. The City of Stillwater's Comprehensive Plan has established goals to protect, enhance and improve public access to the St. Croix River as a natural open space system and recreation resource. The City's Master Trail Plan. recognizes the need for support functions and sites for the Browns Creek State Trail. The Protected Property will provide opportunities for trail user rest areas and river valley views for trail users. E. Conservation Intent 1. Buyer shall reasonably attempt to protect in perpetuity, natural areas and ecologically significant land for aesthetic, ecological, agricultural, scientific, and educational purposes pursuant to the terns of this Conservation Easement. 2. Buyer desires and intends the open -space character of the Protected Property be preserved, protected and maintained in perpetuity. 3. Buyer agrees to honor and defend the intentions of Seller stated herein and to preserve and protect in perpetuity the open -space values of the Protected Property. 4. Seller desires and intends to place restrictions upon the use of the Protected Property and by transferring to the Buyer the Seller creates a Conservation Easement, on, over and across the Protected Property affirming rights to ensure the preservation of the natural elements and values of the Protected Property. The easement shall survive transfer of the property from the Seller to the Buyer. 5. Buyer recognizes the right of the Seller to protect the ecological values of the Protected Property in perpetuity and to prevent or to remedy activities or uses that are inconsistent with the terms of this Conservation Easement. II. CONVEYANCE OF CONSERVATION EASEMENT A. Conveyance The Buyer in consideration of the facts recited above, the mutual covenants contained herein and other good and valuable consideration and pursuant to Minnesota Statutes Chapter 84C, and other applicable Minnesota laws, does hereby recognize and agree the Seller, its successors or assigns, forever maintains a Conservation Easement in perpetuity over the Protected Property subject to the following rights, terms and restrictions. Page 6 of 19 B. Conservation Values and Purposes The Conservation Purpose of this Conservation Easement is to preserve and protect in perpetuity the Conservation Values of the Protected Property and the Public Benefit of this Conservation Easement identified in sections I.C. and 11. C. by confining the development, management and use of the Protected Property to activities that are consistent with the preservation of these Conservation Values, by prohibiting activities that significantly impair or interfere with these Conservation Values, and by providing for remedies in the event of any violation of this Conservation Easement. These Conservation Values have not been and are not likely to be adversely affected to any substantial extent by the continued use of the Protected Property as authorized below or by the use, maintenance, or construction of those structures and improvements that presently exist on the Protected Property or that are authorized below. C. Public Benefit This Conservation Easement is specifically intended to provide a significant public benefit by furthering the following recreational and conservation purposes: 1. Protects and enhances a significant natural area in the City of Stillwater. 2. Provides public open space in downtown Stillwater. 3. Reduces impervious surface where possible and in no instance increases the current amount of impervious surface, and provides for infiltration and natural storm water treatment to provide protection to ground water aquifers and surface water. Ill. AFFIRMATIVE RIGHTS To accomplish the Conservation Purposes of this Conservation Easement and to preserve and protect the Conservation Values of the Protected Property the Buyer agrees the Seller and its successors or assigns maintain the following rights after transfer of the property. A. Right of Enforcement and Remedies The Seller has the right to enforce by proceedings at law or in equity the covenants contained in this Conservation Easement. This right includes, but shall not be limited to, the right to bring an action in any court of competent jurisdiction to enforce the terms of this Conservation Easement; to require the restoration of the Protected Property to its prior or more natural condition; to enjoin such non-compliance by temporary or permanent injunction; and to recover any damages arising from such non-compliance. Such damages when recovered may be applied by the Seller in its discretion to corrective action on the Protected Property, if necessary. If such court determines the Buyer, its successors, liens, or assigns, has failed to comply with this Conservation Easement, Buyer, its successors, liens, or assigns, shall reimburse Seller for any reasonable costs of enforcement including costs of restoration, court costs, and reasonable attorney's fees in addition to any other payments ordered by such court. These remedies are cumulative and available without requiring the Seller to prove actual damage to the Conservation Values and Conservation Purposes of the Protected Property. The Seller is entitled to seek expedited relief ex parte if necessary and shall not be required to post any bond applicable to a petition for such relief. B. Written Notice If the Seller becomes aware of an event or circumstance of non-compliance with the terms and conditions set forth in this Conservation Easement, the Seller shall give written notice to the Buyer, its successors, liens or assigns, at the Page 7 of 19 address set forth below of such event or circumstance of non-compliance and to restore the Protected Property to its previous condition. Failure by the Buyer, its successors, liens or assigns, to cause discontinuance, abatement or such other corrective action as may be requested by the Seller within thirty (30) days after receipt of notice shall entitle Seller to bring an action as authorized in this Conservation Easement. The written notification requirements contained in this section,111.B. shall not apply if in the sole discretion of the Seller, immediate judicial action is necessary to prevent or mitigate significant damage to the Protected Property or if reasonable, good faith efforts to notify the Buyer, its successors, liens, or assigns, are unsuccessful. C. Discretionary Enforcement The Seller does not waive or forfeit the right to take action as may be necessary to insure compliance with the covenants and purposes of this Conservation Easement on the Protected Property by any failure to act and Buyer, its successors, liens, or assigns, waives any defense of laches with respect to any delay by the Seller in acting to enforce any of the provisions or exercise any rights under this Conservation Easement. D. Acts beyond Buyer's Control Nothing in this Conservation Easement shall be construed to entitle the Seller to institute any enforcement proceeding against the Buyer, its successors, liens, or assigns, for any changes to the Protected Property due to causes beyond the Buyer's, its successors, liens, or assigns, control, such as changes caused by fire, flood, storm, civil authorities undertaking emergency action or third parties not under the control or supervision of, or not acting with the consent of, the Buyer, its successors, liens, or assigns. This provision does not preclude the Buyer, its successors, liens, or assigns, or the Seller, its successors or assigns, from recovering damages or bringing an action against any third party for trespass or other violation of their respective rights in this Conservation Easement or in the Protected Property. E. Right to Enter The right is granted for designated. representatives of and chosen by the Seller to enter the Protected Property in a reasonable manner and time to conduct monitoring and management evaluations annually and pursuant to a complaint to determine easement compliance; to obtain evidence for use in seeking judicial or other enforcement of this Conservation Easement; and to otherwise exercise its rights under this Conservation Easement. The Seller shall give reasonable prior notice to Buyer of all such entries, shall make reasonable attempts to have the Buyer present, and shall not unreasonably interfere with Buyer's, its successors, liens, or assigns, use and quiet enjoyment of the Protected Property. F. Right to Report The Seller in addition to other remedies shall have the right to report any environmental concerns or conditions or any actual or potential violations of any environmental or other laws to appropriate regulatory or law enforcement agencies. G. Enforcement Rights of Others Nothing in this Conservation Easement is intended to create any right to enforce this Conservation Easement in any third party where no such right otherwise exists under this Conservation Easement or under law. IV. RESERVED RIGHTS A. Recreational Facilities Buyer has the right to implement, plant, construct and maintain the following low impact recreational and public gathering uses where appropriate and pursuant to the Concept Plan (attached as Exhibit D) for the Protected Property: Page 8 of 19 1) Native vegetation and trees. 2) Permeable connector paths or trails. 3) Stream bank stabilization and water quality improvement structures, including temporary access routes and staging areas. 4) Structures for passive recreational uses such as shore fishing, transient dockage, walk-in boat launching, permeable walking paths, nature observation and picnicking that protect the scenic and ecological values of the St. Croix River. 5) An area of impermeable surface sufficient to meet Americans with Disabilities requirements, but assuring no increase of overall total area of impermeable surface than existed at the time of purchase of the Protected Property. B. All Other Rights Buyer reserves for the Buyer, its successors, liens or assigns, all rights as owner of the Protected Property inclusive of rights to locate and maintain recreational facilities as noted in Section W.A. except the right to undertake any activities that are expressly and specifically prohibited by this Conservation Easement. The Buyer, its successors or assigns, may not exercise these rights in a manner that would adversely impact the Conservation Values of the Protected Property. C. Notification Buyer, its successors, liens, or assigns, agrees to notify the Seller, its successors or assigns in writing before exercising any reserved right that may have an adverse impact on the natural characteristics or ecological and aesthetic features of the Protected Property protected by this Conservation Easement. V.COVENANTS IN FURTHERANCE of the foregoing affirmative rights, Buyer intends that rights under this Conservation Easement conveyed to the Seller on behalf of the public shall continue to exist in perpetuity. Buyer makes the following covenants on behalf of the Buyer, its successors, liens or assigns, which covenants shall run with and bind the Protected Property in perpetuity. A. Required Management and Master Plans All natural resource management, agricultural practices and recreational uses on the Protected Property shall be in accordance with the Master Plan. The Buyer will prepare a Master Plan for the property consistent with the Concept Plan and implement and conform to this plan. The Buyer may propose revisions to the Concept and Master plans and those revisions must be approved in writing by the Seller before becoming effective. As a condition of state funding, Buyer must also complete a Management Plan in order to not put its state funding of the property purchase at risk. B. Land Use 1. Any activity on or use of the Protected Property that is inconsistent with the Conservation Purposes and Public Benefits identified in sections I.C. and II.C. of this Conservation Easement is prohibited. 2. No residential use or development of the Protected Property is allowed. 3. No industrial activity is allowed on the Protected Property. Page 9 of 19 4. No commercial activity may be undertaken or allowed on the Protected Property except as allowed in section V.M.4 of this Conservation Easement. 5. No agricultural use is allowed on the Protected Property. C. Development Rights 1. No development rights in or to the Protected Property or any part thereof that have been encumbered or extinguished by this Conservation Easement shall be transferred to any location outside the Protected Property, whether pursuant to a cluster development plan or any other agreement or plan for transferable development rights or used to obtain any regulatory mitigation credits. 2. No portion of the property shall be used to satisfy land area requirements for other property not subject to this Conservation Easement for purposes of calculating building density, lot coverage, or open space under otherwise applicable laws, regulations or ordinances controlling land use. D. Division of Property The Buyer, its successors, liens, or assigns, shall not divide, subdivide, or partition, either legally or physically, the Protected Property for any reason without the prior written approval of the Seller except for the purpose of correcting or adjusting a boundary line to resolve a marketable title or ownership dispute. If written approval is granted, any conveyance of the Protected Property is subject to the following terms. The enforceability or validity of this Conservation Easement shall not be impaired or limited by any failure of the Buyer, its successors, liens or assigns, to comply with this section (V.D). 1. Any conveyance or encumbrance of the Protected Property is subject to this Conservation Easement. 2. The Buyer, its successors, liens or assigns, shall reference or insert the terms of this Conservation Easement in any deed or other document by which the Buyer, its successors, liens or assigns, conveys title to or any interest in the Protected Property. 3. The Buyer, its successors, liens or assigns, will notify the Seller, its successors or assigns, of any conveyance within thirty (30) days after closing and will provide the Seller, its successors or assigns, with the name and address of the new owner and any party that has acquired an interest in the property and a copy of the deed transferring title or mortgage conveying an interest. E. Right of Way No right of passage across or upon the Protected Property shall be allowed or granted, if used in conjunction with residential, industrial, or commercial use or development of other land not protected by this Conservation Easement without the prior written approval of the Seller, which shall be recorded. F. Structures and Improvements 1. No house, garage, bam, mobile homes, or other structures or buildings shall be constructed or placed on the Protected Property except as needed to cant' out activities permitted by this Conservation Easement and as specifically allowed for in the approved Concept Plan and Master Plan or specially permitted by Section IV of this agreement. Page 10 of 19 2. No poles, antenna, lights, towers, utility lines, piping, water towers or any other temporary or permanent structures shall be constructed or installed on the Protected Property except as needed to cant' out activities permitted by this Conservation Easement or as specifically allowed for in the approved Master Plan, unless permitted by Section IV. of this agreement. Utilities existing on the property prior to November 2014 may be maintained by the Buyer. 3. New sanitary and storm sewers and electric and gas lines, not presently existing and needed to serve the Protected Property or other properties nearby may be permitted with the prior written approval of the Seller and shall be constructed underground and in a sensitive manner with minimal disturbance of vegetation and minimal grading. The surface shall be restored to a condition consistent with the Conservation Values and Conservation Purpose of the Conservation Easement and within a reasonable time frame agreed to in writing by the Seller. All utility easements shall be recorded. 4. No roads or parking lots of asphalt, bituminous, gravel, concrete or other materials shall be constructed or installed on the Protected Property except as to carry out activities permitted by this Conservation Easement and as specifically allowed for in the approved Master Plan or otherwise approved in writing by the Seller or permitted by Section IV. of this agreement. 5. Fencing may be constructed and maintained for the purposes of marking boundaries, securing the Protected Property, or carrying out activities permitted by this Conservation Easement or specifically allowed by Section IV. of this agreement or the. approved Master Plan or otherwise approved in writing by the Seller. 6. Any outdoor light fixtures must minimize light emitted above the plane of the horizon of the fixture through the use of earthward directed or full cut-off fixtures or lamps with single or minimal -color light sources, or other equally effective fixtures designed to minimize light pollution. 7. Signs, billboards, and outdoor advertising structures shall not be placed or erected on the Protected Property except for small, unlighted signs for the purposes listed in section IV. For all signs permitted by this section, the location, number, size and design shall not significantly diminish the natural and scenic qualities of the Protected Property and shall be allowed in accordance with the approved Master Plan or otherwise approved in writing by the Seller. Signs may be allowed for the following purposes: a. Displaying the name of the Protected Property. b. Announcing the existence of this Conservation Easement. c. Providing educational information to commemorate the importance of the Protected Property. d. Providing the name and address of the owner. e. Delineating the boundaries in order to prohibit trespass and to manage the property. f. Advertising any on -site activities permitted herein. G. Water Bodies and Courses 1. Reasonable manipulation or alteration of natural watercourses, lakes, shorelines, wetlands, springs or other surface or subsurface bodies of water is allowed to restore or enhance wildlife habitat or native biological communities or to improve or enhance the function and quality of existing wetlands and in accordance with the approved Master Plan. 2. No activities on or uses of the Protected Property that cause significant erosion or are seriously detrimental to water quality or purity are allowed. H. Mining Page 11 of 19 No mining, drilling, exploring for, or removing any minerals, sand, gravel, rock, or fossil fuels from the Protected Property is allowed. Surface Alteration 1. The commercial extraction of minerals by surface mining and the extraction and removal of topsoil from the Protected Property is prohibited. The extraction of subsurface or deep -mined minerals from the Protected Property, including natural gas and oil, and the noncommercial extraction of minerals, including limestone, shale, gravel, sand and other minerals is prohibited. 2. The topography of the Protected Property shall not be altered or changed in any.manner, including ditching, draining, filling, excavation or removal of soil, sand, gravel rock or other materials except as incidental and reasonably required in the course of activities or uses permitted by this Conservation Easement or as specifically allowed for in the approved Master Plan. Any permitted alteration shall be undertaken with minimal grading and disturbance to vegetation and with the surface restored in a timely manner to a condition consistent with the Conservation Values and Purposes of this Conservation Easement. J. Forest and Habitat Management 1. No removal, destroying, burning, cutting, mowing or altering of vegetation is allowed except as follows: a. To prevent or control insects, noxious weeds, invasive species, diseases, fire, personal injury, or property damage. b. As reasonably required to construct and maintain permitted buildings, structures, roads, trails and other improvements and provided that vegetation shall be restored following any construction to a condition consistent with the Conservation Values and Purposes of this Conservation Easement. c. To remove downed or dead timber. d. In conjunction with activities permitted by this Conservation Easement and as specifically allowed for in the approved Master Plan. 2. Timber and other wood products may be removed and vegetation may be managed on the Protected Property in accordance with the approved Master Plan approved in writing by the Seller. 3. Habitat for wildlife and native biological communities maybe created, maintained, restored, or enhanced on the Protected Property in accordance with the approved Master Plan. 5. No plant or animal species shall be introduced on the Protected Property except those native species that are consistent with the protective purposes of this Conservation Easement and consistent with the approved Concept Plan and Master Plan. K. Animals No livestock or feedlots shall be permitted on the Protected Property except for activities or uses specifically allowed for by this Conservation Easement and in the approved Master Plan. A feedlot is defined as open ground or buildings or a combination of open ground and buildings intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate or where the concentration of animals is such that a vegetative cover cannot be maintained. Open lots for feeding and rearing poultry are considered feedlots. L. Waste Removal Page 12 of 19 Use of the Protected Property for dumping, storage, processing or landfill of solid or hazardous wastes generated is prohibited, including without limitation, municipal sewage sludge and/or bio-solids application. This does not prohibit burning or composting of excess brush or other plant material resulting from activities permitted by this Conservation Easement. M. Recreational Use 1. Unpaved paths or foot trails may be established and maintained on the Protected Property for recreational uses and shall be established, maintained and used in a manner that does not result in significant erosion or have an adverse impact on the Conservation Values and Conservation Purposes of the Protected Property. No other trails shall be established and maintained on the Protected Property except as specifically allowed for in the approved Master Plan. 2. Motorized vehicles may be operated with the consent of the Buyer on the Protected Property only in the following manner: a. On trails designated for theiruse. b. For city maintenance, emergency, Americans with Disabilities Act compliance and management purposes. c. In conjunction with the Master Plan or Management Plan operations or for habitat restoration or enhancement as prescribed in the approved Management Plan. d. In a manner that does not result in significant erosion or have an adverse impact on the Conservation Values and Purposes of the Protected Property. 3. The Protected Property may be used for hiking, cross-country skiing, picnicking, nature observation and interpretation or study, and other similar low impact recreational and educational programs or activities. 4. The Protected Property may not be used for more than minimal commercial recreation purposes. It is the intent of the parties to prevent the Protected Property from becoming the site of a commercial recreational enterprise, such as a commercial campground, a golf course, a commercial ski area, an exclusive hunting grounds or club, a commercial site for a snowmobiling, ATV motocross or other race track, a dressage field, or other similar intensive or predominantly commercial use, but this restriction shall not be construed to mean the occasional or casual use of or access to the Protected Property by individuals or groups who pay a fee to a guides, educators, outfitters or supervisors of outdoor recreation activities or who pay a fee for low -impact outdoor recreational uses. 5. Low -impact structures such as tents, trail barriers, benches, and informational kiosks may be placed on the Protected Property. 6. Structures and improvements to support the recreation uses permitted in this Conservation Easement shall be permitted as specifically described in the approved Concept Plan and Master Plan. Structures and improvements shall be placed and constructed in accordance with the following: a. All development shall be provided in a manner that does not compromise the Conservation Values and Purposes of the Protected Property. b. All development shall be in accordance with other provisions of this Conservation Easement c. All development shall take advantage of the existing land forms and natural vegetation patterns. N. State Requirements Buyer acknowledges conducting certain activities on the Protected Property may require repayment, in accordance with Minnesota Statutes 116P.10, of the state's $1.25 million contribution toward the purchase of the property. According to this statute if a project supported by the fund results in net income from the sale of products Page 13 of 19 or assets developed or acquired by an appropriation from the fund, the appropriation must be repaid to the fund in an amount equal to the percentage of the projects total funding provided by the fund. The commission may include in its legislative bill a recommendation to relinquish the income if a plan is approved for reinvestment of the income in the project or when the amount of the original grant or loan, plus interest, has been repaid to the fund. VI. GENERAL PROVISIONS A. Binding Effect This Conservation Easement creates a property right immediately vested in the Seller, its successors or assigns that cannot be terminated or extinguished except as set out herein. This Conservation Easement shall run with and burden the Protected Property in perpetuity and shall bind and inure to the benefit of the Seller, its successors, liens or assigns, and any and all other successors to it in interest and the Buyer, its successors or assigns. B. Property Transfer The Buyer, its successors, liens, or assigns, agrees that the terms, conditions, restrictions, and purposes of this Conservation Easement will be referenced by the Buyer, its successors, liens, or assigns, in any subsequent deed or other legal instrument by which the Buyer, its successors, liens, or assigns, transfers or divests the Buyer, its successors, liens, or assigns, of all or any part of the Buyer's, its successors, liens, or assigns, interest in the Protected Property, and that the Buyer, its successors, liens, or assigns, will give the Sellers written notice of any such transfer within thirty (30) days after closing. C. Notice and Approval 1. Any notice or request for approval required in this Conservation Easement shall be sent by certified mail or other courier providing reliable proof of delivery to the following addresses, such address(es) as may be subsequently specified by notice in writing, and the party of record at the address of record in the Washington County Recorder's Office. Seller: Washington County June Mathiowetz, Land and Water Legacy Program Office of Administration P.O. Box 6 14949 62^d Street North Stillwater, MN 55082-0006 651-430-6000 Buyer: City of Stillwater Bill Tumblad Community Development Director 216 N. 4th Street Stillwater, MN 55082 651-430-8800 2. Unless otherwise specified in this Conservation Easement any required notice or request for approval must be delivered at least thirty (30) days prior to the date proposed for initiating the subject activity. 3. The notice or request for approval must include sufficient information to allow the Seller to make an informed decision on whether any proposed activity is consistent with the terms and Conservation Values and Conservation Purposes of this Conservation Easement. At a minimum this should include: the location, nature, and scope of the proposed activity; the proposed use, design, and location of any building, structure or improvement; and the potential impact on the Conservation Values and Purposes of the Protected Property. 4. Approval of the Seller must be in writing to be effective. D. Severability Page 14 of 19 If any provision of this Conservation Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Conservation Easement and the application of such provisions to persons of circumstances other than those as to which it is found to be invalid shall not be affected thereby. E. Controlling Law 1. This Conservation Easement shall be governed by the laws of the State of Minnesota. 2. This Conservation Easement shall be enforceable by the Seller, its successors or assigns, and/or the State of Minnesota as provided in Minnesota Statute Sec. 103F.515 Subd. 9 and/or by such other relief as may be authorized by law. Any ambiguities in this Conservation Easement shall be construed in a manner that best effectuates the purposes of protecting soil, improving water quality, and enhancing fish and wildlife habitat. F. Assignment The Seller may assign or transfer this Conservation Easement and the rights conveyed herein, provided that (1) the Seller requires as a condition of such transfer that the original conservation purposes of this Conservation Easement continue to be carried out in perpetuity; and (2) any assignment shall be made only to an organization qualified to acquire or hold a conservation easement at the time of the transfer under the provisions of Section 170(h)(3) of the Internal Revenue Code of 1986, as it may be amended from time to time, and any regulations promulgated thereunder: This Conservation Easement is fully valid and enforceable by any assignee or successor of the Seller whether assigned in whole or in part. The Seller will notify in writing the Buyer, its successors, liens, or assigns, of the assignment and will provide the Buyer, its successors, liens, or assigns, with the name and address of new holder. G. Definition The terms "Buyer" and "Seller" as used in this Conservation Easement shall be deemed to include with respect to Buyer, its successors, liens or assigns; and with respect to the Seller, its successors or assigns. H. Amendment This Conservation Easement may be amended only in the event of unanticipated circumstances not specifically addressed by this Conservation Easement and only in the sole and exclusive judgment of the Seller that such amendment (i) furthers the purpose of this Conservation Easement, (ii) is not inconsistent with and will not adversely impact the conservation values protected by this Conservation Easement, (iii) does not affect the perpetual duration of the Conservation Easement or (iv) does not affect the validity of the Conservation Easement under Minnesota law or the status of Washington County under section 170(h) of the Internal Revenue Code. Any amendment or modification must be in writing and recorded in the same manner as this Conservation Easement. I. Ownership Responsibilities, Costs and Liabilities The Buyer, its successors, liens, or assigns, retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Protected Property. The Buyer, its successors, liens, or assigns, agrees to indemnify and hold the Seller harmless from any and all costs or liability for any personal injury or property damage occurring on or related to the Protected Property or the existence of this Conservation Easement. 1. Taxes: Buyer, its successors, liens, or assigns, shall pay all taxes and assessments levied against the Protected Property including any taxes or assessments levied against the interest of the Seller established by this Conservation Easement. The Seller may, but is not obligated to, make any payment of taxes or assessments levied against the Protected Property or the interest established by this Conservation Easement and shall have a right of reimbursement against Buyer, its successors, liens, or assigns, for such amounts. Page 15 of 19 2. Regulatory Compliance: All activities or construction permitted by this Conservation Easement shall be undertaken in accordance with applicable federal, state and local laws, regulations and ordinances and related agreements and nothing in this Conservation Easement shall be construed to exempt the Protected Property or the Buyer, its successors, liens, or assigns, from otherwise applicable laws or regulations. The Buyer, its successors, liens, or assigns, is solely responsible for obtaining any required governmental permits. 3. Future Environmental Condition: The Buyer, its successors, liens, or assigns, is solely responsible for the Buyer's, its successors, liens, or assigns, use or release on the Protected Property of any hazardous or toxic substances as defined by the Comprehensive Environmental Response, Compensation and Liability Act, The Minnesota Environmental Response and Liability Act, or other similar successor federal, state or local law or regulation regarding responsibility for environmental conditions associated with contamination. The Buyer, its successors, liens, or assigns, shall take steps necessary to assure any needed containment or remediation resulting from any release of such substance and has the legal right to pursue any person or entity responsible for any such discharge. 4. Future Economic Condition: In conveying this Conservation Easement the Buyer has considered the possibility that uses of the Protected Property prohibited by this Conservation Easement may in the future become more economically valuable than uses permitted by this Conservation Easement and that neighboring properties may be put entirely to such prohibited uses. Such changes are not deemed to be circumstances justifying the extinguishment of this Conservation Easement as otherwise set forth above. J. Termination If circumstances arise in the future such as to render the purposes of this easement impossible to accomplish, this easement can only be terminated or extinguished whether in whole or in part by judicial proceedings in a court of competent jurisdiction or by agreement executed by the parties, their successors, liens or assigns. K. Proceeds If this easement is extinguished, terminated, transferred, or sold in whole or in part then the Seller is entitled to a portion of any proceeds in an amount equal to the fair market value of this Conservation Easement at the time of the extinguishment but no less than an amount equal to the proportionate value that this easement bears to the value of the Protected Property as a whole at the time of this conveyance, excluding the value of any permitted improvements made after the conveyance of this Conservation Easement. L. State and County Fund Repayment If this easement is extinguished, terminated, transferred, or sold in whole or in part then the Buyer agrees to a payment to the Seller in an amount that is equal to the amount of funds ($1,925,000) from the Washington County Land and Water Legacy program that paid for the 2014 purchase of the Protected Property to the landowner Ms. Elayne Aiple. In addition, if at any time, the State of Minnesota requires a repayment of the state funds ($1,250,000) provided through its Environment and Natural Resources Trust Fund for the 2014 purchase of the Protected Property, the obligation for the repayment will be paid by the Buyer. M. Termination of Rights and Obligations A parry's rights and obligations under this Conservation Easement terminate upon transfer or termination of that partes interest in the Conservation Easement or the protected property; provided, however, that any liability for acts or omissions occurring prior to the transfer or termination will survive that transfer or termination; provided further that the terms and conditions of this Conservation Easement shall continue to run with the land. N. Re-recording The Seller on behalf of the Buyer, its successors, liens, or assigns, shall execute, acknowledge and record or file any instruments necessary to assure the perpetual enforceability of this Conservation Easement. The Seller, its Page 16 of 19 successors or assigns, may re-record this Conservation Easement or any other documents necessary to protect its rights under this Conservation Easement or to assure the perpetual enforceability of this Conservation Easement. 0. Additional Documents The Buyer, its successors, liens or assigns, agrees to execute or provide any additional documents reasonably needed by the Seller, its successors or assigns, to cant' out in perpetuity the provisions and the intent of this Conservation Easement, including, but not limited to any documents needed to correct any legal description or title matter or to comply with any federal, state, or local law, rule or regulation. P. Entire Agreement This document sets forth the entire agreement of the parties with respect to this easement and supersedes all prior discussions or understandings. Page 17 of 19 i � a - C.-Yam - � I f• 1.� ��id:.�i EXHIBIT D CONCEPT PLAN '���, • �� _ ', Buffer residential use from park use i with ve etation and topography Highlight natural pool and grotto as a feature / interpretive opportunity ' Improve existing path around 1? t former trout pond3nto ADA . L ` :ay. • �;.� .,, ;": accessible natural surface trail loop, if economically and environmentally i•,,; feasible ''' >,.# ... •; ,;: .6111101FTO / POOL g, ' Preserve former trout pond, possible reuse for tout/family fishing • r r�� Extend and improve existing trail ' • '°�>4.j.i ',: �7 rauteand rehabilNote extstiggfoot t • . r. bridge feature • = '.: t „ Repurpose existing garage for beach and paddle. craft put -in storage j y h ADA accessible beach with paddle craft put -in Portable restroom ADA accessible fishing pier, utilizp � existing piles NATURALSURFACETRAILS I Pedestrian connection to state trail. Grass surface . I , p. "•? Drop-off zone with 2 ADA.parking to encourage pedestrians I''I spaces for paddle craft put-ln from state trail to use park trail, butdiscourage Improve existing lawn as picnic I bikers. Bike racks pprr ovided at trallhead for ;" �..,, „ �, r. r area,.preserve or repurpose existing landscaping, potential for two bikerswhawanttowalk! : :. :I; 10'x12'pIcnicshellers the Dark trails i„ l�' Preserve lawn, landscaping and r trees, interpretive opportunityy at foundations. Exhibit j Add a natural vegetation " 1' t I old mill See B for locationand general use of _ strip between driveway �;�. structures in 1898 _ — and creek where feasible New pedestrian trail —natural CANOE/KAYAK RENTAI. surface f °• Preserve trees, replace lawn with no -mew native.grassgs Improve. existing tree -lined driveway • ..'�yr1' ,. for beach, paddle put -in, fishing pier ;t• i '"� and ADA. packing access•(occasierial � ! wider • stretches needed to allow t a oncoming vehicles to pass by) 100 Year flood elevation ,.=.a.. Preserve stone gate posts as entry monument Design entrance to +' Vehicular entrance PICNIC LAWN ® encourage vehicles to ' L park In lot, discourage Potential pedestrian trail segment driving into park e Exhibit i aF, i "5ti I • -_ 1' , Preservedensely vegetated � area, long term opportunity for Potential 20.24 space ` , ,. restoration parking lot with portable • restrooms (See Exhibit A for ;l:' Potential layout). Consult • nDOTo • Park /downtown trail gateway r�-0'" �°'r" &eq ' �' F.ISNING.PIER _ � Altematefishin lerlocation ' _ _ _ n Sfrorelfnestafi'ilf2a�ion/restoratib'n=needed to some.areas i n A•buffer. strip ofshoreline:vege fiori'(native) to be established along much of the riverfront where feasible b'Structures how exi3tinggnr her after constructed, must be used in furtherance of passive recreational uses such as shore fishing, transient 8bckage, wa(k iri'6oat lauhchl Yvalkin "ppatli's, nature observation, picnickIng:and trail access, while protecting the scenic andecologicalvaloes of the. St. Croix River, th_ .11AN StatTrail' amenity and in furtherance of the recreational needs of a national, state and local clientele. 0 250 500 1,00(1 1.500 2.000 FP.P.I ®® miller dunwiddie , - . J _ FEBRl1ARY 7., 3017 f r• ' i ECS-1D35 Page 19 of 19 MEMORANDUM Miller d u nwi d d i e 123 North Third Street Sulle 104 Minneapolis MN 55d01-1657 www rnillerdunwiddie.mm p 612-337.0000 r 612-327-0031 ARCHITECTURE Date: 14 September 2016 Project: Aiple Park - Existing Home Study, Stillwater MN RE: Existing Building Review To: City of Stillwater From: John D. Mecum, AIA Miller Dunwiddie Architecture General Observations: The existing Aiple home appears to have been constructed in mid-1960s and consists of the main 2 level walkout house (approximately 4,480 SF) and the 1.5 level south pool addition (approximately 1,240 SF) with approximately 5,720 total square footage . The lower level exterior walls are constructed of concrete block with stone veneer above grade, and wood frame exterior wall construction on the upper level with wood siding. All walls of the main house are of "stick frame" 2x construction, and the pool addition has a heavy timber wood roof system. Observed Conditions: Overall the home is good condition and repair, with the following observed exceptions: • Active Foundation crack at west wall of garage, and uneven upper level floor above garage • Apparent active insect infestation in pool addition heavy timbers • Standing water was observed in the lower home basement under the west entry • Mold was observed on the walls of the lower pool basement (pump room) • Condition and life expectancy of the built-up roof system was not reviewed • Mechanical system reaching expected life and undersized for new use Reuse Modifications: Conversion of the existing home for public use will require the following general upgrades: • Provide ADA accessibility to the home on each level intended for public use • Provide ADA toilets & fixture counts for men and women based on code calculated occupancy load • Provide modifications to non -complying life safety items (railings, hand rails, fire alarms, etc) • Provide code compliance for fire separation or fire protection sprinkler for occupancy. • Provide new mechanical and electrical upgrades Reuse Options: Option A assumes retaining both the main house and pool addition. This would provide a rental facility for up to 215 guests, including both the pool assembly space (165) and main house (50). This option would require the following: HKG1601 Aiple Park, Existing Home Study 14 September 2016 Page 2 1. Lower Level Pool addition conversion to assembly space: a. Provide a full height 2 hour fire rated wall at the north end of the pool addition. i. Infill three windows and one of the two bi-fold doors, the east door will need a pair of 2HR FR doors that swing out (north) with panic hardware 1. Remove windows/doors, Infill with metal studs and 2 layers of FR Gypsum, finish & paint 2. Remove wood siding above stone base and add 2 layers of FR Gypsum, finish & paint 3. Add a new single layer of FR Gypsum on interior of upper and lower bedrooms, finish & paint b. Demo wood balcony and circular stairs, repair gypsum walls & paint c. Remove wood deck over pool, demo concrete deck and pool as needed to compact fill and install new insulated concrete slab over entire area, carpet tile finish d. Demo Pool pump room below north end deck and infill as pool e. New passenger elevator and shaft at north end of pool serving both levels f. New pair of exterior exit doors from the pool addition at the east window on the south wall, with exterior concrete pad for stoop and sidewalk g. New exposed conduit circuits for new suspended LED lighting 2. Modify existing Lower Level Bedroom & toilets to provide new ADA bathrooms, Men's 1 WC & 1 Urinal & 2 Lays / Women's 3 WC and 2 Lays. 3. Lower Level Bar, repair west wall and ceiling where back bar removed, new island cabinet and top with sink in Bar 4. Lower Level Breezeway, replace both existing doors with 36" exit swing doors 5. Upper level, modify master bedroom and hall way for ADA access to upper level 6. New Electrical transformer and new meter / primary breaker board with service for new elevator 7. Possible helical anchors and stone/block repair at west garage wall 8. Remove fuel oil tank at west main entry and compacted fill and landscape 9. New mechanical and electrical Option B assumes demolition of the pool addition. This would provide a rental facility for up to 50 guests in the main house (50). This option would require the following: 1. Lower Level Pool addition demolition, including footings a. Reconstruct south stone foundation at east side, and provide new picture window b. New stone clad exterior addition for passenger elevator and shaft at south exterior house wall serving both levels c. Compacted fill and new / restore landscape at demolished addition 2. Modify existing Lower Level Bedroom & toilets to provide two new unisex ADA bathrooms 3. Lower Level Bar, repair west wall and ceiling where back bar removed, new island cabinet and top with sink in Bar 4. Lower Level Breezeway, replace both existing doors with 36" exit swing doors 5. Upper level modify master bedroom and hall way for ADA access to upper level 6. New Electrical transformer and new meter / primary breaker board with service for new elevator 7. Possible helical anchors and stone/block repair at west garage wall 8. Remove fuel oil tank at west main entry and compacted fill and landscape 9. New mechanical and electrical CAUsers\awittman\Desktop\VMP Scope of Work\Memorandum 20160914.doc Existing conditions Residence Estimate of home conversion costs Total Cost of Construction [design Contingency Subtotal $884,800 15% $132,800 $1,017,00 Escalation to midpoint of construction 0.0% 0 Subtotal $1,017,600 Owner's Construction Contingency 10% $101,800 Total Construction Budget Estimate does not include roof replacement, septic system removal and sanitary sewer connection. $1,11 ,400 Bill Turnblad From: John D. Mecum <jmecum@millerdunwiddie.com> Sent: Thursday, September 15, 2016 1:23 PM To: Bill Turnblad Cc: Sarah Evenson; Bryan Harjes Subject: RE: Stillwater Aiple Park - Demo Cost Importance: High Hi Bill, Thanks for a great meeting yesterday. As a follow-up to the questions: Our opinion of cost for demolition and backfill of the entire house would be about $350,000. This is in addition to the oil tank line item cost on yesterday's sheet, and does not include any hazardous materials. John John D. Mecum, AIA NCARB Principal I Architect (MN, SD) miller dunwiddie architecture 123 North Third Street Suite 104 Minneapolis, MN 55401 d:612-278-7780 f:612-337-0031 c:612-384-5536 Visit our website at www.millerdunwiddie.com Before printing, think about the ENVIRONMENT Phase I Environmental Site Assessment 1513 Main Street North Stillwater, MN August 2014 Prepared for Washington County 4700 West 771h Street Minneapolis, MN 55435-4803 Phone: 952.832.2600 Fax: 952.832.2601 Phase I Environmental Site Assessment 1513 Main Street North Stillwater, MN August 2014 Contents 1.0 Introduction...........................................................................................................................................................................1 1.1 Purpose...............................................................................................................................................................................1 1.2 Scope of Services...........................................................................................................................................................1 1.3 Significant Assumptions...............................................................................................................................................2 1.4 Limitations, Exceptions, and Data Gaps.................................................................................................................2 1.5 Special Terms and Conditions...................................................................................................................................3 1.6 User Reliance....................................................................................................................................................................4 2.0 Site Description....................................................................................................................................................................5 2.1 Location and Legal Description.................................................................................................................................5 2.2 Property Setting and Land Use.................................................................................................................................5 2.3 User -Provided Information.........................................................................................................................................5 3.0 Findings and Opinions.......................................................................................................................................................6 3.1 Definitions..........................................................................................................................................................................6 3.2 Findings and Opinions..................................................................................................................................................7 4.0 Conclusions............................................................................................................................................................................9 4.1 Deviations..........................................................................................................................................................................9 5.0 References............................................................................................................................................................................10 6.0 Signature and Qualifications of Environmental Professional...........................................................................12 BARR ENGINEERING COMPANY Page i P.\Mpls\23 MN\82\238211001215 Main St N, Stillwater PHnWorkFiles\Phase I ESA\PHIESA_Report_Final.docx List of Tables Table 1 Property and Adjoining Property Regulatory Status Table 2 Surrounding Area Regulatory Status List of Figures Figure 1 Property Location Map Figure 2 Historical Property Layout Map Figure 3 Property Layout Map List of Appendices Appendix A Phase I Documentation Appendix B Property Inspection Photographs Appendix C Historical Documentation (on CD) Appendix D Regulatory Records Documentation (on CD) Appendix E Previous Investigations of Property (on CD) Appendix F Interview Documentation (on CD) Appendix G Qualifications (on CD) BARR ENGINEERING COMPANY Page ii 1.0 Introduction Barr Engineering Co. (Barr) was retained by Washington County to complete a Phase I Environmental Site Assessment (Assessment) of a property owned by Elaine J Aiple, Trust, and used as residence and natural space. The property is located at 1513 Main Street North in the Southeast Y4 of the Southeast Y4, Section 21, and the Northeast V4 of the Northeast Y4 of Section 28, T30N, R20W, near the City of Stillwater, Washington County, Minnesota (Property). The Property location is shown on Figure 1. This report summarizes the findings, opinions, and conclusions of the Assessment. Detailed descriptions of the Property setting, utility information, land -use history, regulatory history, and current Property conditions and features are presented in the Phase I documentation in Appendix A. Informational resources are described in Section 5 of this report and are assigned unique reference numbers, which are used throughout the report and Appendix A. Barr has performed this Assessment in conformance with ASTM, International (ASTM) Practice E 1527-13 (Practice). No intentional deviations from the Practice were made in performing this Assessment except as described in Section 1.4. In following the Practice, this Assessment also complies with the U.S. Environmental Protection Agency 40 CFR Part 312 Standards and Practices for All Appropriate Inquiries; Final Rule. 1.1 Purpose The purpose of the Assessment is to identify recognized environmental conditions (RECs) in connection with the Property as defined by the Practice and discussed in the findings and opinions section of the report, and to satisfy one of the requirements for the User to qualify for a landowner liability protection defense under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) prior to potential purchase of the Property. 1.2 Scope of Services The Assessment involved completion of the following five components described in Section 7 of the Practice: records review, site reconnaissance, interviews, reporting, and file reviews. The following tasks were completed during the Assessment. The details of each task are described below and in Appendix A. Records Review • A Regulatory Database Report was obtained and federal, state, and readily available tribal records databases were reviewed. • USGS topographic maps were reviewed and used to determine physical setting information. • Historical aerial photographs; historical maps; reverse city directories; zoning, tax assessor's records; and a plat map were reviewed for the Property and surrounding land. • A fire insurance map search was conducted and maps were reviewed. • One previous investigation report relevant to the Property was reviewed. • The Minnesota Pollution Control Agency's (MPCA) What's in My Neighborhood (WIMN) was reviewed to supplement regulatory data. BARR ENGINEERING COMPANY Page 1 Site Reconnaissance • A visual inspection was conducted of the building interiors and exterior features on the Property. Current conditions with respect to land use; chemical and waste storage, use, and disposal; facility operations and equipment; utilities; and evidence of potential releases of petroleum products or hazardous substances were documented, if observed. Evidence of historical uses or conditions, if encountered, was also documented. Current land -use and occupants of neighboring properties were documented during the site visit. Interviews • Interviews were conducted with Washington County, the Property owner, and the City of Stillwater Public Works Department, and the City of Stillwater Fire Department. Evaluation and Report Preparation • This report was prepared to document the resources used during completion of the Assessment and to describe the findings, opinions, and conclusions of the Assessment. File Review • The Property and 422 Mulberry Street E were identified in the regulatory report; however a file review was not conducted. 1.3 Significant Assumptions The following significant assumptions were made to complete the Assessment: • The detailed history of ownership and land -use to satisfy the requirements and purpose of the Assessment was determined from the activities listed in Section 1.2, Scope of Work, and a title review was not needed. Lack of a title review is not a significant data gap. 1.4 Limitations, Exceptions, and Data Gaps The following limitations and exceptions are associated with this Assessment: Gaps of greater than five years in historical documentation are present, and are summarized in the following table. BARR ENGINEERING COMPANY Page 2 Date Range Property Changes Prior to 1848 Historical documentation was not readily ascertainable; therefore, changes in general Property land -uses are unknown. 1848-1861; Gaps greater than five years in historical documentation are present; however, general 1861-1884; Property land -uses did not change during the time periods. 1891-1898; 1904-1910; 1910-1924 1926-1938 1938-1949; Gaps greater than five years in historical documentation are present and general Property land -uses did change during the time periods. Between 1938, the industrial use of the 1957-1966 Property ceased (Ref. la). in approximately 1965, the current residence was constructed on the Property (Ref. 4a). Certain areas of the Property were not accessible or inspected during the site visit due to the use of the structure as a private residence. These areas include: o The bedrooms and downstairs living spaces of the residence. Potentially Significant Data Gap Sources of Information Consulted to Address Data Gap Opinion on Significance of Data Gap Certain areas of the Property interviews with the Property owner. This data gap did not affect the ability were not accessible or inspected of the EP to identify RECs on the during the Property inspection. Property; therefore, it is not These areas include: significant. The bedrooms and downstairs living spaces of the residence were not inspected. 1.5 Special Terms and Conditions The Assessment was conducted in accordance with an Agreement between Barr and Washington County. The scope of the Assessment did not involve the collection and analysis of any type of sample. The Assessment did not involve completion of any surveys or the offering of any opinions or advice with respect to structural engineering matters, asbestos --containing materials, radon, lead -based paint, lead in drinking water, wetlands, compliance with environmental regulations, cultural and historic resources, industrial hygiene, health and safety, ecological resources, endangered species, indoor air quality, biological agents, mold, or other conditions that are beyond the scope of the Practice. Barr has performed its work in a manner consistent with the care and skill ordinarily exercised by members of the environmental profession under similar budget and time constraints. Within this context, Barr assumes responsibility for its own observations, along with its interpretation of the information gathered. No other warranty is made or intended. BARR ENGINEERING COMPANY Page 3 Because Barr was not retained to verify information, Barr assumes no responsibility for the accuracy of information that it obtained from other sources including, without limitation, regulatory and government agencies, persons interviewed about the Property, and vendors of public data. Performance of the Practice is intended to reduce, but will not eliminate uncertainty regarding the presence of recognized environmental conditions on the Property. To the extent that Barr does not identify recognized environmental conditions on the Property, Barr's opinions in the report are not representations that the Property is free of such conditions. Under no circumstances can Barr represent or warrant that releases of hazardous substances or petroleum products do not exist on the Property. 1.6 User Reliance The Assessment has been prepared for the exclusive use of Washington County, herein referred to as the "User". No others may rely on the Assessment without obtaining a formal authorization in the form of a reliance letter from Barr. Barr will provide reliance letters for additional parties only if authorized by the User. BARR ENGINEERING COMPANY Page 4 2.0 Site Description 2.1 Location and Legal Description The Property is located at 1513 Main Street North in the Southeast V4 of the Southeast Y4, Section 21, and the Northeast 1/4 of the Northeast Y4 of Section 28, T30N, R20W, near the City of Stillwater, Washington County, Minnesota. The Property is approximately 15.4 acres in size (Ref. 5c). The Property boundaries are shown on Figure 1. 2.2 Property Setting and Land Use The Property has a grade between 3 and 15% from west to east and some flat and low-lying areas. (Ref. le). it is bordered on the east side by the St. Croix River. Shallow groundwater flow direction at the Property is considered to be east-southeast (Ref. 2d) toward the river. The Property is currently used for private, single-family residence and is zoned as one family residential and park, recreation and open space (Ref. 5c). Buildings include a single family home and garage, currently used for storage. One gravel road and paved asphalt driveway lead to the residence. Drinking water is provided by the City of Stillwater and sanitary service is provided by a septic system (Refs. 4a, 4c). Historically the Property has been used for residential, commercial, and industrial activities (Refs. la, 1b). Historical buildings including threshing buildings, kilns, rail car paint shop and storage, railroad yard, sawmill, and lumber storage were previously located on the Property and have been demolished (Refs. la, 1b). The current use of adjoining properties includes a marina, residential areas, and a vacant restaurant. The past use of adjoining properties include sawmill and lumber yard, in addition to a manufacturing company (Ref. lb). The property is located within the Lower St. Croix Wild and Scenic River District (Ref. 5c). Additional descriptions of the Property setting and land -use are presented in Appendix A. 2.3 User -Provided Information As detailed in Section 6 of the Practice, the User has responsibilities associated with identifying possible recognized environmental conditions in connection with the Property. Barr provided a User Questionnaire to facilitate gathering information required by the Practice. The completed User Questionnaire is included in Appendix F. The User indicated that there is not a significantly lower purchase price for the Property. The User has no knowledge of environmental cleanup liens or activity use limitations against the Property. The User did not report conditions indicative of releases or threatened releases, any obvious indicators that point to the presence or likely presence of contamination at the Property, or specialized knowledge about the Property related to the items listed in Section 6 of the Practice (Ref. 4b, Appendix F). BARR ENGINEERING COMPANY Page 5 3.0 Findings and Opinions This section summarizes observations regarding the presence of hazardous substances or petroleum products on the Property (findings) and discusses the basis for concluding if a finding is or is not a recognized environmental condition. 3.1 Definitions Finding — For the purpose of this Assessment, a finding is an observation regarding the presence of hazardous substances or petroleum products on the Property which may be considered a recognized environmental condition, a historical recognized environmental condition, or de minimis condition. Recognized environmental condition (RFC} - A REC is defined by the Practice as "the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment. De minims conditions are not recognized environmental conditions." Historical recognized environmental condition (HREC} - An HREC is defined by the Practice as "a past release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority or meeting unrestricted use criteria established by a regulatory authority, without subjecting the property to any required controls (for example, property use restrictions, activity and use limitations, institutional controls, or engineering controls). Before calling the past release a historical recognized environmental condition, the environmental professional must determine whether the past release is a recognized environmental condition at the time the Phase I Environmental Site Assessment is conducted (for example, if there has been a change in the regulatory criteria). If the EP considers the past release to be a recognized environmental condition at the time the Phase I ESA is conducted, the condition shall be included in the conclusions section of the report as a recognized environmental condition." Controlled recognized environmental condition (CREC) — A CREC is defined by the Practice as "a recognized environmental condition resulting from a past release of hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable regulatory authority (for example, as evidenced by the issuance of a no further action letter or equivalent, or meeting risk -based criteria established by regulatory authority), with hazardous substances or petroleum products allowed to remain in place subject to the implementation of required controls (for example, property use restrictions, activity and use limitations, institutional controls, or engineering controls). A condition considered by the environmental professional to be a controlled recognized environmental condition shall be listed in the findings section of the Phase I Environmental Site Assessment report, and as a recognized environmental condition in the conclusions section of the Phase I Environmental Site Assessment report." De minimis conditions — As defined by the Practice, conditions determined to be "de minimis" generally do not present a threat to human health or the environment and generally would not be subject of an BARR ENGINEERING COMPANY Page 6 enforcement action if brought to the attention of appropriate governmental agencies. De minimis conditions are not considered RECs. 3.2 Findings and Opinions Barr has identified the following findings and developed the following opinions regarding these findings, as summarized in the following table. Finding 1D Opinion with Respect to Finding (REC, # Description of Finding CREC, HREC, de minimis) REC ID # 1 Partially buried 55-gallon drum This was identified as a REC in the 1 carcass and partially buried steel that 2006 Phase I Environmental Site may have been storage tanks were Assessment. Based on interviews, observed on the Property in 2006, as no assessment or remediation part of a Phase I Environmental Site activities were conducted (Ref. 4e); Assessment. This 55-gallon drum was therefore, this finding is considered not observed during the most recent a REC. site visit. 2 The Property was used for railroad car Due to the historic land use at the 2 painting, storage for lumber and slabs Property, there is the potential for a from an adjacent saw mill, and release or releases to have occurred; storage of farm equipment (Ref. 1b). therefore, this finding is considered The adjacent site to the west has been a REC. used as a manufacturing facility that included a foundry (Refs. 1b,1j). The site adjacent to the south has been used as a saw mill and also as a power house facility (Ref.1b). 3 Change in shoreline between 1938 Based on a review of aerial 3 and 1949 historical aerial photographs, fill is likely present photographs indicates the presence along the northern end of the of potential fill, This change was eastern Property boundary, along observed on the north half of the the shoreline. The source of the fill Property, adjacent to the St. Croix is unknown; therefore, this finding is River; however, based on the debris considered a REC. observed on the southern half of the Property, additional fill may be present. 4 Concrete debris, steel piping, and The debris observed was inert, with other miscellaneous debris was no signs of staining or stressed observed throughout the Property, vegetation; therefore, this finding is indicating that dumping had likely not considered a REC. occurred. 5 The Property is potentially The unpermitted dump sites are downgradient from two listed inactive and almost 0,25 miles away; regulatory sites with documented, therefore, this finding is not unpermitted dumping. considered a REC. BARR ENGINEERING COMPANY Page 7 Finding ID # Description of Finding Opinion with Respect to Finding (REC, CREC, HREC, de minimis) REC ID # 6 A septic system was observed on the The septic system was reported to be Property and is currently active. in good working condition and no stressed vegetation or staining was observed; therefore, this finding is not considered a REC. BARR ENGINEERING COMPANY Page 8 4.0 Conclusions We have performed a Phase I Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E 1527-13 of 1513 Main Street North, the Property. Any exceptions to, or deletions from, this Practice are described in Section 1.4 of this report. This assessment has revealed no evidence of recognized environmental conditions in connection with the Property with the exception of the following: • REC#1: A 55-gallon steel drum observed during a 2006 Phase I Environmental Site Assessment • REC#2: Historical use of the Property as a sawmill, manufacturing facilities, and rail yards. • REC43: Undocumented fill located on the northern half of the Property, adjacent to the St. Croix River. See the Findings and Opinions section for additional details. 4.1 Deviations There were no deletions, deviations from, or additions to the Practice associated with the Assessment other than the limitations and exceptions listed in Section 1.4. BARR ENGINEERING COMPANY Page 9 5,0 References The following resources are numbered for use as references. Ref # I Resource Years Covered or Item Date Standard Historical Resources la Aerial Photographs 1938, 1949, 1953, 1957, 1966, 1970, 1980, 1986, 1992, 1997, 2003, 2008, 2013 lb Historical Fire Insurance Maps 1884, 1888, 1891, 1898, 1904, 1910, 1924, 19S6, 1961 lc Historical Plat Maps 1848, 1901, 1926, 1938 ld Recorded Land Title Records Not reviewed. le USGS Topographic Maps 1951, 1967, 1972, 1980, 1993, 2013 1f Reverse City Directories 1999, 2003, 2008, 2012 lg Building \ Department Records Not reviewed lh Zoning/Land Use Records Not reviewed li Other Historical Sources Not reviewed lj Barr Engineering Company. 2006. Phase 1 2006 Environmental Assessment Parcel North -Adjacent to 601 North Main Street Stillwater, Minnesota Discretionary and Non -Standard Physical Setting Sources 2a Published Geologic Report -Groundwater Maps: Accessed August 8, 2014 US Geological Survey. 1970. Horizontal ground -water movement in St Peter -Prairie du Chien -Jordan aquifer. Publisher 2b Published Geologic Report - Bedrock Geology Maps Accessed August 12, 2014 US Geological Survey. 2005. Bedrock geology of the Stillwater quadrangle, Washington County, Minnesota 2c Published Geologic Report - Surficial Geology Maps: Accessed August 12, 2014 US Geological Survey. 1999. Surficial geology of the Stillwater 30 x 60 minute quadrangle, Minnesota. 2d Soil Survey Staff, Natural Resources Conservation Service, Accessed August 4-8, 2014 United States Department of Agriculture. Web Soil Survey. Available online at httpJ/websoilsurvey.nres.usda.gov/ Standard Environmental Record Sources 3a Historical Information Gatherers, Inc. (Appendix D) July 21, 2014 3b What's in My Neighborhood? 611312014. Minnesota Accessed August 8, 2014 Pollution Control Agency. 8/8/2014. <hD.Ilwww.pco.state.mn.us/index phWdota/winn-- whats-in -m v=nneit7hborllood/whots -in -m�r- neighborhood.html> BARR ENGINFFR[NG COMPANY Page 10 Ref # I Resource Years Covered or Item Date Interviews 4a Property Owner: August 5, 2014 Elaine Aiple, Owner, 651-439-0638 4b Washington County Public Works: August 18, 2014 Sharon Price, Property Acquisition Manager, 651-430- 4391 4c Stillwater Public Works: August 7, 2014 Beth Wolf, Secretary, 651-275-4100. 4d Stillwater fire Department: August 12, 2014 Tom Ballis, Deputy Fire Chief, 651-351-4963. 4e Previous Investigation EP August 11, 2014 Kevin Eisen, Barr Engineering, 952-832-2937 Supplemental Resources 5a Minnesota Department of Health Accessed August 6, 2014 County Well Index h ttp.//www. health. s tate.mn. us/di us/eh/cwV 5b Site visit August 5, 2014 Mandy Bohnenblust, EP & Meaghan Watson, Support Staff, 952-842-3533 & 952-842-3660 5c Local Records and Zoning Information Accessed August 4-8, 2014 Washington County Property Information Database, August 2014 h ttp.'//maps. co. washing ton. mn. us/PropertyVi ewer/ BARR ENGINEERING COMPANY Page 11 6.0 signature and Qualifications of Environmental Professional I declare that, to the best of my professional knowledge and belief, 1 meet the definition of Environmental Professional as defined in §312.10 of 40 CFR 312. I have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. i have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312, Barr performed this Assessment in conformance with the ASTM, International (ASTM) Practice E 1527-13. Special terms, conditions, limitations, and exceptions that apply to the Assessment are described throughout this Report and in the Appendices U 4xi Environmental Professional (Date) Environmental Support Staff (Date) y Qualifications of the Environmental Professional are summarized in Appendix G. BARR ENGINEERING COMPANY Page 12 Figures Ak- I .14 Yj 7A N A FF" DOT- MProperty Boundary 'mix 4; 14 w Wh Imagery: Microsoft; Property Boundary ® Precious Land Use BARR Feet 500 0 500 Figure 2 HISTORIC LAND USE 1215 Main Steet North Stillwater, MN ® Property Boundary BARR Feet 500 0 500 Figure 3 PROPERTY LAYOUT MAP 1215 Main Steet North Stillwater, MN Appendices Appendix A Phase I Documentation Appendix A Phase I Environmental Site Assessment Documentation 1513 Main Street North Stillwater, MN August 2014 I. General Property Information Property location map is shown on Figure 1. Property layout with former and existing features is shown on Figures 2 and 3, respectively. Property name: 1513 Main Street North, Stillwater, MN County: Washington Township: 30N Range: 20W Section: 21 & 28 Property size: Approximately 15.4 acres (Ref. 5c). Current Property owner and year of purchase: Elaine Aiple Trust, 1965 (Refs. 4a, 5c) Current Occupant(s): Elaine Aiple Current Property use: The Property is currently used for single family residence and green space (Ref. Sc). II. Physical Setting Surface elevation: Approximately 700 feet above mean sea level (Ref. le). Topographic conditions of Property: The Property slopes from the west to the east, with 3-15% grades and some flat and low-lying areas (Refs. le, 2d). Stratigraphy (soils and upper bedrock units): Surface soils in the area are composed of mainly coarse sand and gravel, capped in up to 10 feet of loamy sand and covered by thick artificial fill in developed areas (Ref. 2c), Depth to bedrock ranges from 50 to 100 feet below ground surface (bgs) in the western portion of the Property to 151 to 200 feet bgs near the eastern portion of the Property along the St. Croix River (Ref. 2c), Bedrock at the Property is Jordan Sandstone (medium- to coarse - grained quartzose sandstone) to St. Lawrence (dolomitic shale and siltstone) and Franconia (fine- grained glauconitic sandstone) Formations east towards the lake (Ref. 2b). Nearest surface water body (name and distance): The nearest surface water body is the Saint Croix River (Ref. la). The Property is bound on the east side by the Saint Croix River. Additionally, there is a small unnamed pond located on the north end of the Property (Refs. la, 5b), BARR ENGINEERING COMPANY Page A-1 P:\Mpls�23 MN182\23821100 1215 Main St N, Stillwater PH11WorkFiles\Phase I ESA\Appendix A- Phase 1 Documentationl5_PHIESA_Appendix A.doc Anticipated groundwater depth/flow direction: The groundwater table is at approximately 650 to 700 feet above mean sea level in the area near the Property so depth to groundwater is expected from 0 to 50 feet below the ground surface (Ref. 1j). Groundwater flow in the area is generally in the east, south-east direction toward the St. Croix River (Ref. 1j). Regional aquifer: The St. Peter, Prairie du Chien -Jordan, Franconia -Ironton -Galesville, and Mt. Simon Aquifers all underlie portions of Washington County (Ref. 2a). Groundwater flow direction is towards the Mississippi or St. Croix Rivers in all aquifers (Refs, 1j, 2a). III. Municipal Information & Utility Service to Property Water Supply Municipal water supply and intake location(s): The City of Stillwater provides water from wells, utilizing groundwater for municipal water supply (Ref. 4c). Property potable/process water supply: The City of Stillwater provides water to the Property (Refs. 4a, 4c). The Property has been connected to municipal water since 1997 (Ref. 4c). Prior to 1997, an on -site well was the source of water, and it has been sealed and capped (Ref. 4a), No issues were reported in regards to the capped well on site. (Ref. 4a) Have other potable water supplies serviced the Property? If yes, describe: One well, no longer in use, is capped and located on the property (Ref 4a). Sanitary Service Type of sanitary service for the Property: The Property is serviced by a septic tank on site (Ref 4a). Have other methods of sanitary service been used at the Property? None reported. Evidence of current onsite septic systems or drain fields: Property owner indicated location of underground septic tank in the backyard of the residence (Ref. 4a), A dark patch on the lawn was noted during the site visit above the location of the septic tank. Stormwater Management Is the Property serviced by Stormwater drains, storm sewers, ponds or drainage ditches? No. Do any neighboring properties discharge to the Property? The road surface of Highway 95 is up - gradient from the Property and runoff discharges to the Property (Ref 5b). Fire Department Information The City of Stillwater's Fire Department had no record of spills, fires, leaking USTs/ASTs, or chemical storage on the Property (Ref. 4d), BARR ENGINEERING COMPANY Page A-2 P:\Mpls\23 MN\82\23821100 121S Main St N, Stillwater PHllworkFiles\Phase I ESA\Appendix A- Phase 1 Doc umentation\5-PHIESA-Appendix A.doc Property Zoning The Property is zoned as one family residential and park, recreation and open space (Ref. 5e). BARR ENGINEERING COMPANY Page A-3 P;\Mpls\23 MN\82\23821100 1215 Main St N, Stillwater PHI\WorkFiles\Phase I ESA\Appendix A- Phase 1 Qocumentationl5-PHIESA-Appendix A.doc IV. Property, Adjoining, and Surrounding Area Regulatory Status Regulatory database summary and supporting information is in HIG Report located in Appendix D. Only information generated through searches of databases required by ASTM 1527-13 and within the appropriate minimum search distances were reviewed. Property and Adjoining Property Regulatory Status Table 1 ASTM List Address Listing Status Potential or Documented Release to Environment Was a Regulatory File Review Completed? LUAST, Stillwater Yacht LUAST listings The following releases were No. Releases to HWGS, Club/Marine Services are closed. documented on site: the soil were RCRAGR05, Inc., 422 E Mulberry RCRAGR05, In 1999, a gasoline release of reported, UST St., Stillwater HWGS, and an unknown volume occurred groundwater (Adjoining) UST from a UAST. Groundwater contamination was not contaminated. The did not occur LUAST site was closed in and the leak 2003, with no contaminated sites have been soils remaining. closed. + In 1998, a gasoline release of an unknown volume occurred from a UAST. Groundwater was not contaminated. The LUAST site was closed in 2003. + In 1995, a gasoline release of an unknown volume occurred from a UAST. Groundwater was not contaminated. The site was closed in 1997, with no contaminated soils remaining. + One 1,000 gallon UST registered in 1986 was removed; one 2,000 gallon UST registered in 1986 was removed, one 1,000 gallon UST registered in 1999 was removed, and one 10,000 gallon UST registered in 1999 was removed. + This site is currently active and listed as a conditionally exempt small quantity enerator with no reported BARR ENGINEERING COMPANY Page A-4 P:\Mpls\23 MN\82\23821100 1215 Main St N, Stillwater PH[\WorkFiles\Phase I ESA\Appendix A- Phase 1 Documentation\5_PHIESA-Appendix A.doc violations in the HWGS database. VICP, SRS Property Inactive The site is inactive in VICP. No, as this is an inactive VICP site. ASTM List Definitions: LUST — Leaking Underground Storage Tanks RCRAGR05- Resource Conservation and Recovery Act- Generator Facilities HWGS- Hazardous Waste Generator Sites VICP- Voluntary Investigation and Cleanup Program Sites Justification for not completing a file review is provided below in Section V. Surrounding Area Regulatory Status The following table provides a summary of those database listings that the environmental professional has identified as potentially upgradient. Downgradient and/or side gradient listing are also included if the environmental professional has determined that the nature of the listing (e.g. Superfund site, chlorinated solvent release, landfill, etc.) should be evaluated for their potential to impact the Property. Table 2 Do issues related to the listing indicate Comments the potential (including for impacts to upgradient, soil, Distance & downgradient groundwater ASTM Direction or or vapor at Name Address Listing(s) From Property sidegradient) the Property? No. No address: Unpermitted Groundwater Stillwater City Parcel Number dumping site. contamination Demolition 21.030.20.1100 UNPERMDUMP Potentially has not been Dump 66 S, SAS 0.21 mile NW upgradient. document. BARR ENGINEERING COMPANY Page A-5 P:\Mpls\23 MN\82\23821100 1215 Main St N, Stillwater PHI\WorkFiles\Phase I ESA\Appendix A- Phase 1 Documentation\5_PHIESA-Appendix A.doc Two 4,000 gallon underground gasoline tanks have been removed. One 8,000 gallon underground gasoline tank is active and No. The being used. presence of a One 300 gallon UST/AST alone aboveground is not indicative gasoline tank is of a release, as Wolf Marine 514 E Adler active and it is not listed Inc. Street UAST 0.25 mile N beinq used, as a LUST. No. Hazardous Inactive Ranking Score Private 2012 North 3rd unpermitted was 0 and the Property Street VICP, SRS 0.32 mile NW dump site. site is inactive. Tribal Sites As part of the HIG Report, locations of Native American reservations equal to or greater than 640 acres in size within the search area are reported. No reservations meeting this size criterion were identified within 1 mile of the Property (Ref. 3a). The local government contact was not aware of Native American reservations or administered lands within 1 mile of the Property (Refs. 3a, 4c). Orphan Site Summary There were 10 unmapped (orphan) sites identified in the regulatory report. None of the orphan sites with potential or documented releases to the soil and/or groundwater were determined to be located adjoining to or upgradient from the Property based on a review of area maps, field observations, and mapping websites. V. Report and File Review Summary Previous Environmental Investigations/Remedial Actions of the Property Relevant portions of previous investigation reports completed for the Property are reproduced in Appendix E. The following table gives a general summary of the each known previous investigation's scope, conclusions and recommendations. Each investigation is described according to its specific reference number, as denoted in the Information Resources section of the Assessment report. BARR ENGINEERING COMPANY Page A-6 PAMpls\23 MN\82\23821100 1215 Main St N, Stillwater PHI\WorkFiles\Phase I ESA\Appendix A- Phase 1 Documentation\5-PHIESA_Appond ix A.doc Ref. # Investigation Summary Findings 1j. A Phase I Environmental Site Assessment was previously The previous investigation report indicated conducted on this Property in September 2006 by Barr 6 findings, and one: Engineering. The investigation included the Property 0 Two SS -gallon steel drums, considered Parcel North -Adjacent to 601 North Main Street, Stillwater, to be storage tanks. This finding was Minnesota. The previous PHIESA did not cover the entire considered a REC as the contents were Property currently under review, but covered unknown and indicated dumping. approximately the southern half to one third of the Property. a Construction and demolition debris consisting of concrete slabs and steel piping throughout the property indicating that dumping had likely occurred. This was not considered a REC as it was not necessarily indicative of a petroleum or hazardous waste release. An empty paint can. This finding was not considered a REC and was considered a de minimis finding, as only one was discovered. • Stressed vegetation and sparse soil cover. This finding was not considered a REC as it was more likely associated with the debris present on site, with the sparse soil causing the stressed vegetation. • The site was also potentially downgradient from sites with regulatory listings, such as the Old Territorial Prison site listed under MN VIC, Brownfields, Spills, and LUST programs. These were not considered REC given the flow of groundwater and the extent of remediation of the upgradient sites. • The Property had been used for railroad car painting, storage for lumber and slabs from an adjacent saw mill, and storage of farm equipment. This finding was not considered a REC, but an HREC. Property File Review Summary A file review was not conducted for the Property given the documentation provided by the prior PHIESA. The Environmental Professional responsible for the previous investigation was interviewed and it was determined that no additional information was required (Ref. 4e). A file review was not conducted for adjoining properties as the LUST listings have been closed out and no groundwater contamination occurred. BARR ENGINEERING COMPANY Page A-7 P:\Mpls123 MN\82\23821100 1215 Main St N, Stillwater PH11WorkFiles\Phase I EWAppendix A- Phase 1 Documentation1S-PHIESA-Appendix A.doc Property Historical Releases No chemical or petroleum releases were reported for the Property. No known remedial actions or environmental violations have occurred on the Property (Ref. 4b). Environmental Liens No environmental liens were identified for the Property (Ref. 4b). Activity Use Limitations No institutional or engineering controls were identified for the Property (Ref. 4b). Proceedings Involving the Property No pending, threatened, or past litigation. No administrative proceedings, or government notices relevant to hazardous substances or petroleum products were identified. (Ref. 4b) V1. Property and Nearby Property Land -Use History Property Land -use History Original Property development (year/use): Records showed no development of the property prior to 1848 (Ref. 1b). Chronology of Past Property use/ownership: Property Use, Chemical Storage and Occupant/Business Years Source Waste Disposal Method(s) Northwest 1884-1888 Sanborn Fire Insurance Building was used as a paint shop for rail Manufacturing Maps, Previous Phase I cars. Waste disposal methods unknown. Company Environmental Site Assessment Minnesota Thresher 1888-1898 Sanborn Fire Insurance Maps, Buildings include boarding houses, a steam Manufacturing Previous Phase I dry kiln, a foundry, and manufacturing Company Environmental Site warehouses. Waste disposal methods are Assessment unknown. Staples-Atlee Saw 1888-1904 Sanborn Fire Insurance Maps, Sawmill and Lumber storage. Waste disposal Mill Co Previous Phase I methods are unknown. Environmental Site Assessment Northwest Thresher 1904-1910 Sanborn Fire Insurance Maps, Buildings include a materials storage shed, a Company Previous Phase I foundry, a cleaning and castings facility, a Environmental Site paint shop, and a separator warehouse. Assessment Rail and Lumber 1888-1910 Sanborn Fire Insurance Maps, Property had rail lines on site and served as Yard Previous Phase I both a rail yard and lumber yard. Environmental Site Assessment Historical Property Structures BARR ENGINEERING COMPANY Page A-8 P:\Mpls\23 MN\82\23821100 1215 Main St N, Stillwater PHE\WorkFiles\Phase I ESA\Appendix A- Phase 1 Documentation\5-PHIESA_Appendix A.doc The following historic structures were demolished or removed from the Property: property 'Built Structure is present in Sanborn maps from Warehouse Approx. Paint shop, before building or 30,000 warehouse 1884, 1884, 1888, 1898, 1904, and 1910 (Ref. 1b). covered shed square demolished Structure was used as a paint shop and feet between 1910 warehouse. Apart from paint, historical and 1924. chemical use in the structure is unknown. Steam dry kiln Approx. Steam dry Built before Structure is present in Sanborn maps from and 7,500 kiln, 1884, 1884, 1888, and 1898, (Ref. lb). Structure warehouse square warehouse demolished was used as a steam dry kiln and a feet between 1901 warehouse. Historical chemical use in the and 1904. structure is unknown. Demolition Debris and Potential Asbestos Containing Materials: It is unknown if the structure demolition material was left onsite or if it was taken offsite, or if asbestos containing materials were part of the demolition debris (Ref. XX). Debris observed on site included concrete slabs of varying sizes, scrap metal and rebar. Nearby Property Land -Use History North historical Use: The area north of the Property was historically used for residential purposes since 1957 (Refs. la, 1b). Prior to that, the area was used for storage in association with the railroad (Refs. la, lb). Current Use: The area north is currently used for private townhomes, residences and a small marina/boat slip. (Ref. 5b.) South Historical Use: The area south was previously used for commercial and industrial activities, including a manufacturing company, a saw mill, threshing company, and a rail and lumber yard. (Refs. 1b. 1j) Current Use: The area south is currently used as a marina and a vacant restaurant. (Ref. 5b.) East Historical Use: The Saint Croix River is directly east of the Property. (Ref. lb.) Current Use: The Saint Croix River is directly east of the Property. (Ref. 5b.) West Historical Use: Residential and commercial use. The Old Territorial Prison was located west of the Property at the southern end from (Ref lb.) Current Use: The areas west of the Property are predominately residential and are occupied by single family residences, (Ref 5b.) General type of current or past uses in the surrounding areas: The area to the west has been residential/commercial since the 1880s, including shops, private residences, and a boarding house (Ref. 1b). The area to the south of the Property was used for industrial purposes since the 1880s and BARR ENGINEERING COMPANY Page A-9 P:\Mpls\23 MN\82\23821100 1215 Main St N, Stillwater PHI\WorkFiles\Phase I ESA\Appendix A- Phase 1 Documentation\5_PHIESA_Appendix A.doc included a saw mill, equipment manufacturing, and a thresher. The area to the west was used as a foundry and the Old Territorial Prison (Ref. lb). The area to the north has been used for residential purposes since 1966 (Ref. la). Historical releases associated with adjacent properties or communities: None known. VII. Site Reconnaissance The objective of the site reconnaissance is to obtain information indicating the likelihood of identifying recognized environmental conditions in connection with the property (ASTM 1527-13 Sec 9.1). Existing Property features are shown on Figure 3. Photographs obtained during the Property inspection are in Appendix B. The following areas were inaccessible during the site visit and constitute data gaps: The bedrooms and downstairs living space of the residence. Date of inspection: August 5, 2014 Name of individual conducting site visit: Mandy Bohnenblust and Meaghan Watson Weather information: Sunny, 75 degrees Fahrenheit Interior Observations Features of Current Property Sfrucfure(s) The following table summarizes the current Property structures and features. Property Structure: Single Family Home and detached garage use(s): Residence and detached garage Construction Information: House was constructed in 1965 (Ref. 4a). House is a lower -level walkout with some underground storage, and an attached finished garage. Tenants (name and type): None Fuel Source for Heating and Cooling: Underground heating oil tank, located west of the house. No signs of staining or vegetative stress was observed. Potential Vapor Migration Pathways (Examples None observed. include utility penetrations, sumps, drainage pits, subsurface utility conduits or drains, elevator shafts, etc.) Roof/Wall Exhaust Vents Associated with Current None observed. or Former Process Equipment: Floor Drains (#, location, condition, discharge None observed. points) BARR ENGINEERING COMPANY Page A-lo P:\Mpls\23 MN182123821100 1215 Main St N, Stillwater PH11WorkFiles\Phase I ESA\Appendix A- Phase 1 Documentation\5-PHIESA-Appendix A.doc Property Structure: Single Family Home and detached garage Floor Type and Condition (cracking, staining): Floors in the attached garage, storage area, and detached machine shed were sealed concrete, in good condition, with very little cracking. Some minor staining was present in the detached garage on the second floor, though no cracking was observed. Transformers (#, location, condition, indication of None observed PCBs): Electrical or Hydraulic Equipment (condition, None observed location): Sumps Containing Liquids: None observed. Parts Washers: None observed. Chemical Storage: Garage attached to the primary residence contained basic household cleaners. Containers were clearly labeled and were in good condition, The detached garage contained lawn care equipment and associated fuel containers. Fuel containers were properly stored and in good condition, with no signs of staining or leaking. Waste Storage: None observed apart from municipal trash bins. USTs and ASTs (interior to building): None observed odors and Stains: Gasoline odor was present in the detached machine shed. No stains were identified on the paved interior floors or exterior to the building. Unoccupied occupant spaces: None observed. Exterior Observations Methodology used to observe the Property: The Property was inspected on foot by transects, proceeding from the residence and walking south along the western half and proceeding north along the eastern half of the Property, Access to the Property (vehicular access and restrictions to public access): Access to the Property is available east off of Highway 95, which leads to a gravel drive and then paved driveway. The driveway is gated, restricting public access. Periphery of the Property (roads, streets and parking facilities, etc.): The Property is adjacent to and runs parallel to Highway 95, a two-lane, paved highway. Additionally, a paved asphalt driveway leads to the residence. There are parking areas outside the Property gate and west of the residence. Ground surface cover (paved, gravel, grass): The Property was predominately vegetated and forested, with some paved driveway and gravel areas. Additionally, the Property has waterfront along BARR ENGINEERING COMPANY Page A-11 P:1Mpls\23 MN\82123821100 1215 Main St N, Stillwater PHl\workFiles\Phase 1 ESAIAppendix A- Phase 1 Doc urnen tation\5-PHIESA-Appendix A.doc the Saint Croix River. The paved surfaces were in good condition. no stressed vegetation was observed. Visible evidence of filling, excavation, or burned areas: Debris piles and pieces of concrete were observed throughout the Property along the east side at the top of the slope down to the water's edge. Additionally, a concrete retaining wall structure is present running parallel to the western boundary on the southern half of the Property. The retaining wall is in moderate condition with some cracking and crumbling. Visible evidence of vegetative stress: None observed. Pits, ponds, lagoons, and standing surface water: A small pond was observed on the northern edge of the Property. Stained soil or pavement: None observed. Wastewater, stormwater, and other visible liquid discharge points into a pipe, pond, ditch, stream adjoining property or the Property: A small stream was observed running north along the Property, parallel to the driveway. Indications of past uses of the Property likely to involve the use, treatment, storage, disposal or generation of hazardous substances or petroleum products: The remnants of a steel 55-gallon drum were observed on the topslope of the shoreline towards the south end of the Property. No other indications were identified. Nonpotable/process wells: One capped well is located west of the residence. It is no longer a source of drinking water for the residence as municipal water has been connected since 1998 (Ref. 4c). The Property owner did not indicate any issues with the well (Ref. 4a). Pipelines across or into Property: None observed. Rail lines: Former rail lines were observed at the southern end of the Property, running north along the western Property boundary, following the former railroad's path. The rail lines were observed to be mostly removed, with some wood ties left in place. There was very little wood remaining on site and was in poor condition and mostly falling apart. Transformers: None observed. Outdoor Chemical Storage Areas/Drums: None observed. Underground Utility Locations: A 6" water main runs west to east onto the Property from a fire hydrant adjacent to Highway 95 approximately at the midpoint between the north and south Property boundaries, then abuts a 6" main running north -south along the Property. The residence is serviced via a 1" water main running east from the second 6" water main. Odors: None encountered. BARR ENGINEERING COMPANY Page A-12 P:\Mpls\23 MN\82\23821100 1215 Main St N, Stillwater PHl\workFiles\Phase l ESA\Appendix A- Phase 1 Documentation\5-PHIESA_Appendix A.doc VIII. Interior and Exterior USTs and ASTs Property Owner indicated the presence of a UST for heating fuel for the residence on the Property (Ref. 4a). The UST is located west of the residence (Ref. 4a), No staining, leaking, or stressed vegetation was identified. IX. Interviews The objective of interviews is to obtain information indicating recognized environmental condition in connection with the property (ASTM 1527-13 Set 10.1). Interview questionnaires are in Appendix F. Especially relevant information from the interviews is included and documented throughout the Assessment report and Appendix A. BARR ENGINEERING COMPANY Page A-13 PAMPIA23 MN\82\23821100 121S Main St N, Stillwater PHI\workFlles\Phase I ESA\Appendix A- Phase 1 Documentation\5-PHIESA_Appendix A.doc Appendix B Property Inspection Photographs Appendix B Property Inspection Photographs 1513 Main Street North Stillwater, MN Auqust 1, 2014 Photo # Comments 1 Retaining wall observed parallel to Highway 95 on southern edge of Property 2 Concrete and brick debris observed throughout the Property 3 Evidence of former rail lines on the south end of the Property 4 Typical concrete debris observed along shoreline 5 Steel 55 gallon drum observed along to slo a of shoreline 6 Typical debris observed along St. Croix River 7 Typical debris observed on the north end of the Property 8 ]Typical debris observed on the north end of the Property PWp1s123 MN182123821100 1215 Main St N, Stillwater PHIIWorkFiles\Phase I ESAIAppendix B- Property Inspection Photo5l7_PHIESA Appendix B_Photolog.xls B-1 Photo 1: Retaining wall observed parallel to Highway 95 on southern edge of Property �- x Photo 2: Concrete and brick debris observed throughout the Property PAMpls123 MN182123821100 1215 Main St N, Stillwater PHIIWorkFileslPhase I ESAIAppendix B- Property Inspection Photosl7_PHIESA—Appendix B Phototog.xls B-2 Photo 3: Evidence of former rail lines on the south end of the Property Photo 4: Typical concrete debris observed along shoreline P:IMpls123 MN182\23821100 1215 Main St N, Stillwater PHIIWorkFiles\Phase I ESAIAppendix B- Property Inspection Photosl7_PHIESA_Appendix B_Photolog.xls B-3 Photo 5: Steel 55 gallon drum observed along topslope of shoreline Photo 6: Typical debris observed along St. Croix River PAMpls123 MN182123821100 1215 Main St N, Stillwater PHI1WorkFilesThase I ESA1Appendix 8- Property Inspection Photosl7_PHIESA_Appendix B_Photolog.xls B-4 I rl - - T T7�la•� 0 Appendices C thru G (On CD)