HomeMy WebLinkAboutResolution No. 2024-90 Approve Acquisition of PropertyCIT INA
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024-90
RESOLUTION APPROVING THE ACQUISITION OF REAL
PROPERTY AND DISPENSING WITH STATUTORY
REQUIREMENTS FOR REVIEW BY PLANNING COMMISSION
WHEREAS, the City of Edina is proposing to acquire certain property in the City legally
described in Exhibit A ("Property") for purposes of open space; and
WHEREAS, the City is willing to acquire the Property pursuant to the terms and
conditions of that certain Purchase Agreement that is presented for City Council approval.
("Purchase Agreement") which includes a requirement that the City establish a conservation
easement over the Property as provided in Exhibit B attached hereto ("Conservation Easement");
and
WHEREAS, the C'ity's approval of the Purchase Agreement is contingent upon the Owner
and neighboring property owners entering into a Special AssesSment Agreements in a form and
terms approved by the City that reimburses the City for the cost of the acquisition of the Property;
and
WHEREAS, Minn. Stat. § 462.356. subd. 2.requires that the Planning Commission review
the acquisition and disposal of any publicly owned interest in real property within the City, and
WHEREAS, Minn. Stat. § 462.356, subd, 2 provides for an exception from the Planning
Commission review requirement upon 2/3 vote of the governing body dispensing with the
requirement and finding that the .acquisition or disposal of the property has no relationship to the
comprehensive municipal plan; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that:
1. The acquisition of the Property has no relationship to the City's comprehensiVe
municipal plan and review by the Planning Commission of the acquisition of the Property is hereby
dispensed with.
2. The acquisition of the Property and the Conservation Easement are hereby
approved, subject to the recording of the Special Assessment Agreements at the time of the
conveyance of the Property to the City.
3. The Mayor and City Manager are authorized and directed to execute all documents,. and
take all appropriate measures to acquire the Property subject to the terms of this Resolution.
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CITY OF EDINA
4801 West 50th Street • Edina, Minnesota 55424
www.EdinaMN.gov • 952-927-8861 • Fax 952-826-0390
PASSED AND ADOPTED by a two-thirds vote of the City Counci
Minnesota this 6th day of November, 2024.
f he City of Edina,
AT
Jame Hovland, Mayor
Sharon Allison, City Clerk
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
That part of Lot 8, Block 1, EMERALD WOODS ADDITION, Hennepin County, Minnesota,
which lies north of the south 35.00 feet thereof and easterly of a line described as follows:
Commencing at the northwest corner of Lot 4, Block 1, GRAYTOWER ESTATES, Hennepin
County, Minnesota; thence northerly along the northerly extension of the west line of said Lot 4,
Block I to the north line of the south 35.00 feet of said Lot 8, Block 1 and to the point of beginning
of the line to be described; thence northwesterly to a point of intersection with the east line of the
west 15.00 feet Of said Lot 8, Block 1 and the southerly right of way line of West Highwood Drive,
and said line there terminating.
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EXHIBIT B
(reserved for recordilig)
CONSERVATION EASEMENT
CONSERVATION EASEMENT made this 6th day of November , 2024, by
the CITY OF EDINA, a Minnesota municipal corporation ("City").
WHEREAS, the City is the owner of property located in Edina, Minnesota and legally
described in Exhibit A attached hereto (the "Easement Premises"); and
WHEREAS, the City purchased this property for public purposes with the intention of
generally keeping it in its natural condition as an undeveloped wooded parcel with designated
wetlands and portion of a pond; and
WHEREAS, the Owners of the following described properties have entered into Public
Improvement and Special Assessment Agreements ("Agreements") with the City related to the
purchase of this property for public purposes:
5228 Highwood Drive West, Edina MN / PIN: 29-117-21-33-0043
5236 Highwood Drive West, Edina MN / PIN: 29-117-21-33-0045
5240 Highwood Drive West, Edina MN / PIN: 29-117-21-33-0046
5390 Highwood Drive West, Edina MN / PIN: 29-117-21-33-0055
6008 Pine Grove Road, Edina MN / PIN: 29-117-21-33-0054
6012 Pine Grove Road, Edina MN / PIN: 29-117-21-33-0037
6016 Pine Grove Road, Edina MN / PIN: 29-117-21-33-0038
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(collectively the "Benefited Property") and;
WHEREAS, as a condition of entering into the Agreements the City agreed to impose a
conservation easement on the City's parcel so that it remains in a natural and generally unimproved
state for the benefit of the general public.
NOW THEREFORE:
The City hereby creates a conservation easement for the purposes set forth in this
instrument, over, under, and across the Easement Premises. This conservation easement shall
remain in effect for ninety-nine (99) years from the date of execution of this document.
1. The City agrees that the following are prohibited in perpetuity on the Easement
Premises:
A. Designation as a public park or public place of recreation.
B. Constructing, installing, or maintaining buildings and structures, other than
underground storm water utilities and inlets, valves or related above ground
equipment essential to the proper function and flow of storm water.
C. Constructing, installing, or maintaining public recreation trails, sidewalks
or vehicle roadways.
D. Cutting or removing trees greater than four inches in diameter, except for
tree disease control. City, at its sole discretion may remove brush, diseased
or dead trees of any size, and noxious weeds.
E. The deposit of solid waste, yard waste, or debris.
F. Outside storage of any kind.
2. City reserve the right to enter upon the Easement Premises and to do and perform
on the Easement Premises such acts as are not inconsistent with this easement.
3. City also reserves the right to use the Easement Parcel for storm water and drainage
purposes.
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4. The City, at its sole discretion, may install signage, fencing or other barrier around
the perimeter of the Easement Parcel to discourage and prevent people from entering upon the
Easement Parcel to engage in acts contrary to this easement.
Pursuant to Minnesota Statutes 84C.03 the owners of the Benefited Property,
individually and collectively, shall have a third-party right of enforcement of this Conservation
Easement.
[Remainder of page intentionally left blank.
Signature page follows.]
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IN WITNESS WHEREOF, the City has executed this Agreem nt effective as of the day
and year set forth above.
CITY OF ED
B • •
cott H. eal, City Manager
STATE OF MINNESOTA
)ss.
COUNTY OF DAKOTA
R
~
Th foregoing instrument was acknowledged before me this Cp day of
, 2024, by James B. Hovland and Scott H. Neal, respectively the Mayor and
4-k
City Manager of the City of Edina, a Minnesota municipal c s orari. , on behalf of the
corporation and pursuant to the authority granted by its City
-,,,v ATAii61\i M. ALLISON 1 Notary Public-Minnesota
My Commission Expires Jan 31, 2025
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
651.452.5000
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EXHIBIT A
Legal Description of Easement Premises
That part of Lot 8, Block 1, EMERALD WOODS ADDITION, Hennepin County, Minnesota, which
lies north of the south 35.00 feet thereof and easterly of a line described as follows:
Commencing at the northwest corner of Lot 4, Block 1, GRAYTOWER ESTATES, Hennepin County,
Minnesota; thence northerly along the northerly extension of the west line of said Lot 4, Block 1 to the
north line of the south 35.00 feet of said Lot 8, Block 1 and to the point of beginning of the line to be
described; thence northwesterly to a point of intersection with the east line of the west 15.00 feet of
said Lot 8, Block 1 and the southerly right of way line of West Highwood Drive, and said line there
terminating.
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