<br />held on November 16, 1970, at 7:OO p.m., on the proposed vacation of a road-
<br />way easement hereinafter described has been given and made and a hearing
<br />has been held thereon by the Village Council;
<br />NOW, THEREFORE, be it resolved by the..Village Council of the Village of Edina,
<br />Hennepin County, Minnesota, that the following described roadway easement in
<br />Evans Addition as shown on recorded plat thereof, Hennepin County, Minnesota,
<br />be and is hereby vacated effective November 30, 1970, unless on or before said
<br />date this resolution is amended, annulled or rescinded by the Village Council:
<br />Ala that portion of the following described easement except the South-
<br />easterly 15 feet as measured at right angles to the below described South-
<br />easterly line:
<br />That part of Outlot' 2, Evans Addition, described as follows:
<br />Beginning at the most Southerly corner of Outlot 1, Evans Addition;
<br />thence Southerly along a Southerly extension of the FJesterly line of
<br />said Outlot 1, a distance of 38.83 feet; thence deflecting to the
<br />left an angle of 114O 32' 42'p a distance of 202.17' to its inter-
<br />section with the Easterly extension of the Northerly line of,Outlot
<br />1, Evans Addition; thence Westerly along said extension of the North-
<br />erly line of Outlot 1, Evans Addition, a distance of 60.31 feet to the
<br />most Easterly corner of Outlot 1, Evans Addition; thence Southwesterly
<br />along the Southeasterly line of Outlot 1, Evans Addition to point of
<br />Motion for adoption'of the resolution was seconded by Councilman Courtney and
<br />on rollcall there were three ayes andadno nays with Councilman Johnson abstain-
<br />ing because he had not been present for the entire hearing.
<br />$.( 4
<br />a a
<br />ORDINANCE NO. 263A-4 (801-1 AFTER 1970 CODIFICATION) GRANTED FIRST READING.
<br />Mr. Hyde presented Ordinance No.,263A-4 (No. 801-1 AFTER 1970 CODIFICATION)
<br />and referred to a letter of November 13, 1970 from Mr., Erickson which answered
<br />qudst'ions raised by Council at the meeting of November 2, 1970. Councilman
<br />Johnson said that he was now satisfied and felt that the ordinance, ,as redEafted
<br />in part by the Village Attorney gives the Village greater flexibility and
<br />offered the ordinance for First Reading as follows:
<br />. . ORDINANCE NO. 801-1
<br />(No. 2638-4 in ordinance arrangement
<br />before 1970 codification)
<br />AN ORDINANCE AMENDING ORDINANCE NO. 801 (263A)
<br />TO REQULRE.DEDICATION OF LAND FOR PARKS AND
<br />OPEN SPACE AND LAND OR EASEMENTS FOR PROTEC-
<br />TION OF NATURAL WATER BODIES
<br />THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
<br />Section 1. Section 4 of Ordinance No. 801 (263A) of the Village, as
<br />amended, is hereby amended to read as follows:
<br />"Sec. 4.
<br />Land or Easements for the Protection of Natural Water Bodies.
<br />(a) In every plat, replat, or subdivision of land for residential use
<br />a reasonable portion of such land shall be set aside as open space land for
<br />the sole benefit use and enjoyment of present and future lot or homeowners
<br />within the plat, replat or subdivision, and their guests, or shall be dedicated
<br />to the public for public use as park? and playgrounds.
<br />sion shall determine which of these options is more appropriate and shall
<br />recommend to the Village of Edina one of the following procedures:
<br />owners to a home owner's association or other similar nonprofit organization
<br />so that,fee simple title shall be vested in such organization, provided that
<br />suitable arrangements have been made for maintenance of said land and any
<br />buildings thereon, and profided further, that an open space easement for
<br />said land shall be conveyed to the Village to assure that open space land
<br />shall remain open, or.
<br />owners to the general public for park and playground purposes.
<br />Dedication of Land for Parks and Open Space and Dedication of .
<br />The Planning Commis-
<br />The open space land shall be conveyed by the tract owner or
<br />The open space land shall be dedicated by the tract owner or
<br />In lieu of setting aside or dedicating said open space, the tract owner or
<br />owners at their option, may contribute to the Village an amount of cash equal
<br />to the value of the land otherwise required to be so set aside or dedicated.
<br />Any money so paid to the Village shall be placed in a special fund and used
<br />only for the acquisition oE land for parks and playgrounds.
<br />Where any plat, replat, or subdivision of land adjoins a natural
<br />lake, pond, or stream, including streams which flow only intermittently, a
<br />strip of land,running along all sides thereof which are contiguous to such lake,
<br />pond, or stream, which strip shall extend from a line not less than 50 feet
<br />upland from the lake, pond, or stream, as measured from the high water mark,
<br />and to and including the bed and waterbody-of such lake, pond, or stream,