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HomeMy WebLinkAbout19360T7 .;'.i. ..... 7 !' �t l • �QrtA Kt u � AGREEItENT ' (Park Land Dedication) THIS AGREEMENT, Made and entered into this ?hhday of July , 1972, by and between CARL M. HANSEN and HELEN :t. HANSEN, husband and wife, of the County of Hennepin, State of Minnesota (hereinafter called " Hansens") and PAP.KG?OOD Y.NOLLS CONSTRUCTION COMPANY, a Minnesota corporation (herein.- after called "Parkwood "),.Parties of the First Part (hereinafter together called "(wners "), and the VILLAGE OF EDINA, a Minnesota municipal corporation, Party of the Second Part (hereinafter called "Edina "); WITNESSETH, TEAT: WHEREAS, Parkwood is the owner of the property in the Village of Edina described in Tract I and Hansens are the owners of the property in i p p the Village of Edina described in Tract II, on Exhibit A attached hereto and hereby made a part hereof (said Tract I and Tract II being hereinafter to- gether called the "Subject Property "); and v WHEREAS, Hansens are the owners of more than two - thirds (2/3) of the outstanding shares of Parkwood; and Parkwood has platted and developed portions of said Tract I of the Subject Property, and Owners will in the future be platting and dew-_loping the balance of the Subject Property for residential purposes; and WHEREAS, By Ordinance 'No. 801 of the Village of Edina, in - lnt-s of lai-i for residential uses, a reascn4t -e portion of such land, but less than five percent (S %) thereof in area, rust be set aside and dedicated by' the tract owner to the general public as open space for park and playground purposes, or, in certain instances set out in said ordinance, an amount of cash equal to the undeveloped value of the land otherwise required to be so set aside and dedicated may be given; and WHEREAS, In connection with the present and future development of said Tract I of the Subject Property, Edina desires to forego dedication of land, pursuant to Ordinance No. 801, within said Tract I or cash in lieu t s' thereof, in order to acquire a larger, more useable, tract of land within Tract II of the Subject Property; and WHEREAS, Owners and Edina have agreed that it is in their mutual best interest to provide for the setting aside and dedication (hereinafter called "dedication ") of land to the general public as open space for park and playground purposes pursuant to the terms and conditions of this Agreement, rather than to have land dedicated in small parcels in .connection with every plat of the Subject Property, or to have cash value paid in lieu of such dedi- cation. NOW, THEREFORE, For and in consideration of the mutual covenants and agreements hereinafter set out, the parties hereto do hereby agree as follows 1. Edina agrees not to require dedication of any land, or cash in lieu thereof, in connection with the development of said Tract I for Single- Family Dwelling District (R -1) uses as defined in Edina 'Ord inance No. 811 ( hereinafter called "R -1 Uses "), and Owners agree, in lieu of such dedication of land within said Tract I, to convey to. Edina a tract of land within Tract II of the Subject Property, of a size, shape and location to be determined as if such land were being dedicated to Edina under Ordinance. No. 801, but not, in any event, in excess of one and seven- tenths (1.7) acres (herein- after called the "Park Tract "). Owners further agree to convey tn Edina an addit al portion of said Tract II (h.irei.aafter called "Additi• ial Park Land ") pursuant to said'Ordinance No. 801, which Additional Park Land shall adjoin and be contiguous to the Park Tract. Owners hereby waive any claim they may have under said Ordinance No. 801 to contribute to 'Edina money in lieu of such Additional Park Land. The conveyance and dedication of the Park Tract and Additional Park Land shall be no later than required under said Ordinance No. 801; provided, however, that Owners shall have the duty to convey and dedicate the Park Tract and Additional Park Land to Edina within fifteen (15) days after being notified by Edina that it has reason - -2- f ably determined that neighborhood development has progressed to such a point that it desires to commence making detailed plans for the recreational area to occupy the Park Tract and Additional Park Land and that it intends to commence necessary improvements within six (6) months after delivery of such notice. 2. Owners agree to submit to Edina for its approval a master plan (hereinafter called "Master Plan ") for the development of the whole of Tract II prior to seeking the approval of any plats, replats or subdivisions for land within said Tract II. The parties hereto further agree as follows relative to the Master Plan herein referred to: (i) that the Master Plan shall be used only as a guide for the development of Tract Il and in deter- mining the most suitable location for the Park Tract and Additional Park Land; (ii) that Owners shall not be bound to develop Tract II pursuant to the Master Plan but may at any time change the Master Plan provided the pro- posed development of Tract II pursuant to such change is in full compliance with the applicable ordinances and regulations of Edina and that such change receives the approval of Edina, which approval shall not unreasonably be withheld. Owners further agree that such Master Plan shall include the Park Tract and the Additional Park Land and that the to -ation and boundaries of the proposed Park Tract and Additional Park Land shall not be changed without the approval of Edina in thN form of an amendment to such Master Plan (i'_ %eing understood, there. ore, that no plat, replat or s'ib a ivision of land within said Tract II may be made except in compliance with such Master Plan, as the same may be amended from time to time). 3. The Park Tract and Additional Park Land shall be conveyed to Edina hereunder by warranty deed free and clear of all liens, charges and encumbrances whatsoever. Proposed deeds for the Park Tract and Additional Park Land shall be delivered to Edina, together with an abstract of title to the property described therein, certified to a then current date, including all searches or judgments, bankruptcies and tax liens and cur- -3- rent tax certificates. Edina shall have twenty (20) days after receipt of said abstract within which to examine said title and to make any.-ob- jections thereto in writing to Owners. If any objections are so made, Owners shall promptly and diligently take such steps as are required to correct and remove such objections Upon correction and removal of such title objections of record, and upon approval of•the proposed deed to the Park Tract or Additional Park Land, Owners shall execute and deliver the deed to Edina. 4.. At"the time the deeds to the Park Tract and Additional Park Land are executed and delivered to Edina hereunder, Owners shall also deliver to Edina a tax receipt showing payment of all zeal estate taxes- against the, property described in the deeds due and payable in the year in which such deed is delivered, and in all prior years, and receipts showing payment of all special assessments levied or pending against such property as of the date of delivery of said deeds, or adequate funds, in cash, to pay all such taxes and special assessments, ar.A Edina shall pay to Owners the real estate taxes (but not the special assessments) due and payable on the property de- scribed in the deeds in the year in which such deed is delivered, in an amount which bears the save ratio to the total taxes on the property de- scribed in the deeds as the number of days remaining in the calendar year afte the date of the delivery of the deeds bears to three hundred ,ix'.y- fivQ (365)• If the property descr. ?bud in such deeds is not a sepa�a.e tax parcel, the real estate taxes attributable to the property described in such deeds shall be as reasonably determined by Edina. 5. The terms and conditions of this Agreement shall be binding upon.the parties hereto and their respective heirs, representatives, suc- cessors and assigns. The terms and conditions of this Agreement shall be deemed covenants running with the land and shall be binding upon all pres- ent and future owners and encumbrancers of all or any part of the Subject Property. -4- 5 • 6. Owners agree to execute and deliver to Edina, in. recordable_ form, any additional documents reasonably requested by Edina to evidence the amount (in .acres) of Additional Park Land which must be conveyed and dedicated to Edina hereunder. IN WITNESS WHEREOF, The parties hereto have caused this instru- ment to be duly executed the day and year first above written. IN PRESENCE OF: r I G HELEN M. HANSEN i PARKWOOD KNOLLS CONSTRUCTION CO1 -TAVY i By .G Its r-es And° -v- Its S" t ec- v VILLAG OF EAINA By - 4-XK-41 Its ayor - G , Its manag r _5_ r � r y STATE OF MINNESOTA" ) SS: COUNTY OF HENNEPIN ) On this ?11th day of > 1972, before rye, a Notary Public, within and for said County, personally appeared CARL 11. HANSEN and HELEN X. HANSEN,'husband and wife, to me known to be the persons described in, and who executed the foregoing instrument and acknowledged that they executed y'ij) the same as their free act and deed. °4 i..AWkENCE T. J(WNSON P :'-'97 Public, Hennepin County, h §inn . . ,.�, -. v Comm +scion Expires Sept 4 1975. i STATE OF MINNESOTA ) SS: COUNTY OF HENNEPIN ) On this 24th day of July , 1972, . before me, a Notary Public, within and for said County, personally appeared Carl M Hansen to me personally known, who, being eeeh by me duly sworn, did say that ace respectiv ely the President and n named in the ff atio foregoing instrument; g V of the corporation the seal affixed to said instrument is the corporate seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by d authority of its Board of Directors; an said r,;,r? M_ NanaPn Wid act and deed of r ent to be the free acknowledged said instrument said corporation. Ni ."pry Public. Hennepin County, t�;Y Commission Expires Sam 4 1975- . STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) On this ay ay of 1972, e re + a Not ry Public, wit tact: l: aid ounty,perso=:aSji, appeared and I _ to me personally kno� -m, . io, being ez.el. by me duly s' n, eid say t at t ey are respectively the __ and of the uunicipal corporation non d in the foregoing instru- ment; t1 tit the seal affixed to said instrument is the corporate seal of said municipal corporation; that said instrument was signed and sealed on behalf of sai icipal corporation by thority of its Village Council; and said t� and. - acknowledged said instru- ment to Ye the free act and deed of aid municipal corporation. 1 wiz ARLENE D, YVEST NOTARY PUBLIC • MihilESOTA t HENNEPIN COUNTY fly Commission Expires Nov. 5, 1977. a.. i EXHIBIT A TO AGREEMENT (Park Land Dedication) Between Carl M. Hansen and Helen Ai. Hansen, Parkwood Knolls Construction Company and Village of Edina TRACT I: That part of the Southeast Quarter of the Northwest Quarter lying Westerly of the Westerly line of the plat of Parkwood Knolls 16th Addition in Section 31, Township 117, Range 21. TRACT `II: Parcel 1: The West Half of the Southwest Quarter of the Southeast Quarter, Section 30, Township 117, Range 21. Parcel 2; (Par 1) That part of the Northwest Quarter of the South - west quarter, Section 30, Township 117, Range 21, described as beginning at a point on the North line of said Northwest Quarter of the Southwest Quarter distant 283 feet East from the Northwest corner of said Northwest Quarter of the Southwest Quarter; thence South, parallel to the West line of said Northwest Quarter of the Southwest Quarter, a- distance of 350 feet; thence [Nest, parallel to said North line, a distance of 283 feet to said West line; thence South along said West line a distance of 205 feet; thence East, parallel to said North line, to an intersection with a line drawn parallel to and 400.1 feet West, measured at right angles, from the East line of said Northwest Quarter of the Southwest Quarter;,thence North along the last described parallel line to the North line of said ?northwest Quarter of the Southwest Quarter; thence West along said North line to the point of beginning. ...(Par 2) That part of.the Southwest Quarter of Section 30, Township 117, Range 21, described as beginning at a point on the North line of said Southwest Quarter midway between the Northeast and Northwest corners of the Northeast Quarter of the Southwest Quarter of said Sect -'on 30; thence East along said North line to a point thereon 380 feet West from the Northeast corner of said Southwest Quarter; thence South, parallel to the East line of-said South- west Quarter, a distance of 429 feet; thence East, parallel to said North line, a distance of 380 feet to the East line of said Southwest Quarto--; thence South along :3zid East line to the Southeast comer of said Southwest Q--a---ter; thence West a! on:, the South lire of said Sout ,xmst Quarter to the Eas+ erly line of Block 1, Parkwc•-d knolls 10th Addition; thence _3orthwesterly to the moot Northerly corner of said Block l; thence Southwesterl,, to the most Westerly corner of said Block l; thence Northwesterly, Westerly and Southerly along the Northerly and Westerly line of Parkwood Road, as said road is shown on the plat of "Park wood Knolls 4th Addition ", to its intersection with the South line of said Southwest Quarter; thence Nest along said South line to an intersection with a line drawn parallel to and 400.1 feet West, measured at right angles, from the East line of the West Half of said southwest Quarter; thence North along the last described parallel line to a point thereon 245 feet 'South from its intersection with the North line of said South�:est Quarter; thence South 76 degrees, 55 minutes East (assuming the North line of said Southwest Quarter as bearing East and West) a distance of:. 295.9 feet; thence Northeasterly 75 feet, more or less, along a curve convex to the Northwest having a radius of 201.02 feet to a point which is on a line bearing South 2.8 degrees 16 minutes East and distance 299.7 feet from a point on the North line of said Southwest Quarter distant 222.1 feet West from the Northeast corner of the West IIaJ.l: of said Southwest Quarter; thence North 28 degrees, 1.6 minutes West a distance of 299.7 feet to the North line of said Southwest Quarter; thence East along said North line to a point thereon 208 feet blest fro", Chc point of beginning; thence South 9 degrees 31 minutes lest (assuming the North line of said Southwest r; ;c Quarter as bearing East and West) a distance of 211.35 feet; thence South= easterly 220.52 feet along; a curve convex to the Northeast having a radius of 460.68 feet and a chord bearing -of South 56 degrees 43 minutes East; thence Northeasterly 93.69 feet, more or less, along a curve convex to the Northwest having a raidus of 1158.11 feet to a point which is on a line bearing South 2 degrees 15 minutes East and distant 267.5 feet from the point of beginning; thence North 2 degrees 15. minutes West a distance of 267.5 feet to the point of beginning, except that part thereof embraced within the plats of Parkwood Knolls 14th Addition and Parkwood Knolls 15th Addition. (Par 3) That part of the Northeast Quarter.of the Northwest Quarter, Section 31, Township 117, Range 21, described as beginning at the North- east corner of said Northeast Quarter of the Northwest Quarter; thence Southwesterly to the most Easterly corner of Block 1, Parkwood Knolls 10th Addition; thence Northwesterly along the Northeasterly line of said Block 1, to the North line of said Northeast Quarter of the Northwest Quarter; thence East along said 'North line to the point of beginning. all according to the Government Survey thereof.'