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11/,16/70 3f <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date this resolution is amended, annulled or rescinded by the Village Council: 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 />beginning. <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 />9* <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 />(1) <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 />(2) <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, <br />(b)