HomeMy WebLinkAboutCity Council - 11/15/2007AGENDA
EDEN PRAIRIE SPECIAL CITY COUNCIL MEETING
THURSDAY ,NOVEMBER 15, 2007 5:00 PM,CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad,
and Kathy Nelson
CITY STAFF: City Manager Scott Neal and Council Recorder Lorene McWaters
1.ROLL CALL / CALL THE MEETING TO ORDER
II.PLEDGE OF ALLEGIANCE
III.APPROVE EXECUTION OF FIRST AMENDMENT TO THE DEVELOPERS
AGREEMENT FOR WINDSOR PLAZA AND QUIT CLAIM DEED FOR EDEN
ROAD
IV.ADOPT RESOLUTION AMENDING RESOLUTION 2007-86 ,TO CORRECT
DESCRIPTION OF HIGHWAY EASEMENT PER DOCUMENT NO. 1156115 AND
SLOPE EASEMENT PER DOCUMENT NO. 1174574 IN RESOLUTION NO. 2007-86,
VACATION 07-06
V.ADJOURNMENT
SPECIAL CITY COUNCIL MEETING
AGENDA
DATE: November 15, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: III.
Community Development/Planning Approve Execution of Amendment
Janet Jeremiah/to Developers Agreement for
Scott Kipp Windsor Plaza and Quit Claim
Deed for Eden Road
Requested Action
Move to: Approve execution of the First Amendment to the Developers Agreement for Windsor
Plaza and Quit Claim Deed for Eden Road.
Synopsis &Background
On September 4, 2007, the City Council approved the Windsor Plaza development consisting of
a 133,630 square foot five-story building located in the Town Center consisting of office above
first floor retail and restaurant uses. Demolition of the site is currently underway and building
permit plans are being reviewed. The site is west of Flying Cloud Drive and north of Regional
Center Road.
As part of the Windsor Plaza development, a portion of Eden Road was vacated. The developer,
Windsor Plaza, LLC, thought it owned fee title to all the underlying property where the vacation
occurred. It was recently discovered that the City owns fee title to a small portion of the
underlying property. The development as approved by the City Council incorporates the vacated
Eden Road into the development. Therefore the developer requests that the City execute and
convey to the developer by Quit Claim deed, the small portion of Eden Road owned by the City
included in the vacation.
Minnesota Statutes Section 462.356, Subd. 2 requires that before the city disposes of any real
property, the Planning Commission review the proposed disposal and report to the city council in
writing its findings as to compliance of the proposed disposal with the comprehensive plan. The
Statutes is set out below.
Subd.2.Compliance with plan.After a comprehensive municipal plan or section thereof
has been recommended by the planning agency and a copy filed with the governing body, no
publicly owned interest in real property within the municipality shall be acquired or disposed of,
nor shall any capital improvement be authorized by the municipality or special district or agency
thereof or any other political subdivision having jurisdiction within the municipality until after
the planning agency has reviewed the proposed acquisition, disposal, or capital improvement
and reported in writing to the governing body or other special district or agency or political
subdivision concerned, its findings as to compliance of the proposed acquisition, disposal or
improvement with the comprehensive municipal plan. Failure of the planning agency to report on
the proposal within 45 days after such a reference, or such other period as may be designated by
the governing body shall be deemed to have satisfied the requirements of this subdivision. The
governing body may, by resolution adopted by two-thirds vote dispense with the requirements of
Special City Council Meeting -Windsor Plaza
November 14, 2007
Page 2
this subdivision when in its judgment it finds that the proposed acquisition or disposal of real
property or capital improvement has no relationship to the comprehensive municipal plan.
To comply with the statute, the Planning Commission reviewed the proposed conveyance at its
meeting on November 14, 2007 and has reported to the City Council that the conveyance is in
compliance with the city's comprehensive plan.
Attachments
•Amendment to Developers Agreement
•Quit Claim Deed
•Legal Description Sketch
•Planning Commission Minutes with Finding of Compliance
1st AMENDMENT TO
DEVELOPMENT AGREEMENT
WINDSOR PLAZA
THIS 11T AMENDMENT TO DEVELOPMENT AGREEMENT ("Agreement) is
entered into as of November 15, 2007, by Solomon Real Estate Group, Inc., a Minnesota
corporation, hereinafter referred to as "Developer,"its successors and assigns , and the CITY OF
EDEN PRAIRIE ,a municipal corporation, hereinafter referred to as "City :
WITNESSETH:
WHEREAS, Developer and City entered into that certain Development Agreement
(hereinafter "Development Agreement ) dated as of September 4, 2007, filed on September 20,
2007 as Document No. 9040413with the County Recorder and filed on September 7, 2007 as
Document No. 4423818, Hennepin County, Minnesota;
WHEREAS, Developer applied to City for Planned Unit Development Concept Review
on 4.44 acres ,Planned Unit Development District Review with waivers on 4.44 acres, Zoning
District Change from Rural, Commercial Regional Service, and Office to Commercial Regional
Service on 4.44 acres, Site Plan Review on 4.44 acres, and Preliminary Plat and Final Plat of 5.8
acres into 2 lots and road right-of-way, now legally described as Lot 1, Block 1 and Outlots A
and B, Windsor Plaza, Hennepin County, Minnesota (the Property );
WHEREAS, on January 16, 2007 and September 4, 2007 the City granted the approvals
referenced above;
WHEREAS, on June 5, 2007 the City Council held a public hearing on the vacation of
portions of Eden Road as contemplated by the Development Agreement. On October 2, 2007 the
City Council adopted Resolution No. 2007-105 vacating said portions of Eden Road.
WHEREAS subsequent to the vacation of a portion of Eden Road, City and Developer
discovered that a small portion of Eden Road vacated by Resolution No. 2007-105 is owned in
fee by the City,as documented by Certificate of Title Number 530495;
WHEREAS, the development of the Property as approved by the City is not possible
without and requires the incorporation of all of the vacated Eden Road into the Project;
WHEREAS, the Developer requests that the City convey the property described on
Exhibit B to the Developer.
NOW, THEREFORE ,in consideration of the Developer's agreeing to (i) the Cross
Access, Private Utilities, Parking and Maintenance Agreement, (ii) the Eden Road Maintenance
Agreement, (ii) pay one-half of the costs of installing the private drive between the portion of
Eden Road not vacated and Regional Center Road, as depicted in the Phase II Site Plan of
Exhibit B Plans to the Development Agreement, (iv) grant an ingress and egress access to the
general public across the Property beginning at Regional Center Road and extending through the
Property to Eden Road, (v) dedication on the final plat or conveyance to the City at no cost to
the City the right-of-way necessary to accommodate the proposed roadway improvements as set
forth in the Final Plat, (vi) assuming responsibility to maintain the Pedestrian Gathering Areas
depicted in the Plans, on the Property and adjacent right-of-way, (vi) the Special Assessment
Agreement for construction of the Singletree Lane Improvements, (vii) consenting to the
establishment of a special service district by the City under Minnesota Statutes § 428A.01 to
428A.101 and waiving all rights to objection, appeal and veto granted under law or in equity
including but not limited to the rights granted under Chapter 428A, and (viii) being responsible
for implementing streetscape improvements along T.H.212 and Regional Center Road consistent
with the MCA Study for the Town Center, the parties agree as follows:
1.The City shall to convey to the Developer that portion of the vacated Eden Road
described on Exhibit A hereto. The Mayor and City Manager are authorized to execute a quit
claim deed and such other documents approved by the City Attorney to accomplish this purpose.
2.The terms defined in the Development Agreement shall have the same meaning in this 1St
Amendment to Development Agreement.
3.Except as expressly provided in this 1St Amendment to Development Agreement, all
provisions of the Development Agreement remain in full force and effect and are not modified
by this 1st Amendment to Development Agreement, and the parties hereby ratify and confirm
each and every provision thereof.
4.This 1St Amendment to Development Agreement constitutes the entire agreement
between the parties with respect to the subject matter herein contained and all prior negotiations
with respect to the subject matter herein contained are merged into and incorporated in this 1St
Amendment to Development Agreement, and all prior documents and correspondence between
the parties with respect to the subject matter herein contained (other than the Development
Agreement) are superseded and of no further force or effect.
5.This 1St Amendment to Development Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
6.This 1St Amendment to Development Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns under the Development
Agreement.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
DEVELOPER
Solomon Real Estate Group, Inc.
By
Its
By
Its
CITY OF EDEN PRAIRIE
By Phil Young
Its Mayor
By
Scott H. Neal
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of November, 2007, by
Phil Young and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden
Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of November, 2007, by
and , the and
respectively of Solomon Real Estate Group, Inc., a Minnesota corporation, on behalf of the
corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Richard F. Rosow
Gregerson, Rosow, Johnson & Nilan
650 Third Ave. South, Suite 1600
Minneapolis, MN 55402
EXHIBIT A
That part of Eden Road formerly known as Town Road, being that part of Tract 13, Registered Land Survey No. 687, Files of
Registrar of Titles, County of Hennepin, Minnesota, which lies southeasterly of a line run parallel with and distant 33 feet
northwesterly of Line I described below:
Line 1.From a point on the east and west quarter line of Section 14, Township 3 16 North, Range 22 West, distant 2557.59
feet west of the east quarter corner thereof, run southwesterly at an angle of 45 degrees 57 minutes 00 seconds from said east and
west quarter line (measured from west to south) for 192.54 feet to the point of beginning of Line I to be described; thence deflect
to the right at an angle of 87 degrees 05 minutes 48 seconds for 80 .50 feet; thence deflect to the right on a tangential curve
having a radius of 60 feet and a delta angle of 91 degrees 30 minutes 00 seconds for 95.82 feet; thence on a tangent to said curve
for 74.79 feet; thence deflect to the left on a tangential curve having a radius of 125 feet and a delta angle of 39 degrees 13
minutes 19 seconds for 85.57 feet; thence on a tangent to said curve for 58.41 feet and there terminating;
(Torrens Property)
,yDoeS _31-M-- QUIT CLAIM DEED
Corporation, Partnership or Limited Liability Company
to Corporation,Partnership or Limited Liability Company
DEED TAX DUE: $ -
Date:-200 7
(Top 3 inches Reserved for Recording Data)Miller!Davis Co. SI St. Paul, MN 651 -642-1988
Mimes- Uniform Conveyancing Blanks (1 /15i97)
FOR VALUABLE CONSIDERATION, the City of Eden Prairie,_..
a --_ -__ municipal _charter--under the laws of Minnesota
Grantor ,hereby conveys and quitclaims to Windsor Plaza, LLC__
Grantee, a limited liability company under the laws of _-Minnesota
real property in Hennepin __County, Minnesota,described as follows:
Legal Description by Exhibit.See attached Exhibit A.
together with all hereditaments and appurtenances.
Check box if applicable:
The Seller certifies that the seller does not know of any wells on the described real property.
A well disclosure certificate accompanies this document.
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.
Affix Deed Tax Stamp Here
STATE OF MINNESOTA
COUNTY OF Fr
Its
This instrument was acknowledged before me on
by and
the and
of tv of Eden P
a -
on behalf of the
municipal charter
- -----City
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
under the laws of -----Minnesota
SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL
Check here if part or all of the land is Registered (Torrens)
Tax Statements for the real property described in this instrument should
be sent to (include name and address of Grantee):
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS):
Siegel Brill Greupner Duffy & Foster (ecd)
100 Washington Ave. S., #1300
Minneapolis, MN 55401
(612) 337-6100
Windsor Plaza, LLC
12300 Singletree Lane, Suite 200
Eden Prairie, Minnesota 55344
WARNING :UNAUTHORIZED COPYING OF THIS FORM PROHIBITED.
Schedule "A" Legal Description
That part of Eden Road formerly known as Town Road, being that part of Tract D, Registered Land Survey No. 687, Files of
Registrar of Titles, County of Hennepin, Minnesota, which lies southeasterly of a line run parallel with and distant 33 feet
northwesterly of Line I described below:
Line 1.From a point on the east and west quarter line of Section 14, Township 116 North, Range 22 West,distant 2557.59
feet west of the east quarter corner thereof, run southwesterly at an angle of 45 degrees 57 minutes 00 seconds from said east and
west quarter line (measured from west to south) for 192.54 feet to the point of beginning of Line 1 to be described; thence deflect
to the right at an angle of 87 degrees 05 minutes 48 seconds for 80.50 feet; thence deflect to the right on a tangential curve
having a radius of 60 feet and a delta angle of 91 degrees 30 minutes 00 seconds for 95 .82 feet ;thence on a tangent to said curve
for 74.79 feet; thence deflect to the left on a tangential curve having a radius of 125 feet and a delta angle of 39 degrees 13
minutes 19 seconds for 85.57 feet; thence on a tangent to said curve for 58.41 feet and there terminating;
(Torrens Property)
02007 Westwood P,ofes.lonol SeMces, Inc
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TRAC T,
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GOPHER STATE ONE CALL
Tel, City Are. 651-454-0002
Mn. Toll Free 1-600-252-1166
LEGAL DESCRIPTION
That port of Edon Rood ha+ner/y known as Town Road,being that port Too t D.Reg/stood Land Survey N. 687,
Fifes of Registrar of POes, County of HenngiM.Minnesota, which lies sovtheastedy of a the n n parallel with and
distant 33 het oorthweatedy of Llne I deacrlbed below
LIne 1.F a point on the east and west quarter lire of Sact/an 14,Township 116 Math,Range 22 Hest,
distant 255759 test west of the east quarter corns,thereat,run southwesterly t an angle or 45 degrees
57 minutes 00 seconds from said east and west quarter lire (measured from west to south)for 192.54 feet
to the po/nt of begmn/ng of Line I to be described'thence deflect to the right at an angle of 87 degrees
05 minutes 46 semmds for 60.50 feet thence deflect to the right on a tangen Rd curve having a radius of
60 feet and a delta angle .1 91 degrees 30 mMUte 00 seconds far 9562 f t thenro on tangent to sold
!or 74.79 feet' then. ds /lect to the left an o tangential curve having g rodb, of 125 f w t and a delta
angle of 39 degrees 13 miutes 19 seronds for 67/57 leek thence on tangent to said curve for 5541 feet
and there tenSMatMg;
s Property)
ee6Aree bused m ussentl abmm
,
rw.Lw1"
PesI I tae.
Windsor Plaza LLC
12600 WeegleQS ieneP h%bft..ad 393"
Windsor
Plaza
err 10/31/07 6n.e 17-71
Sketch
Extract of Minutes
Planning Commission Meeting held November 14, 2007
VII.PLANNER'S REPORT
A.WINDSOR PLAZA CONVEYANCE OF A PORTION OF VACATED
EDEN ROAD
The Planning Commission was asked to review and comment on the conveyance
of a portion of the vacated Eden Road owned by the City to Windsor Plaza, LLC.
Upon motion made by Frank Powell, seconded by Jerry Pitzrick, it was resolved
that the Planning Commission finds that the conveyance of a portion of the
vacated Eden Road owned by the City to Windsor Plaza, LLC, is in compliance
with the City's Comprehensive Plan.
SPECIAL CITY COUNCIL MEETING DATE:
AGENDA November 15, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION: Vac 07-06 ITEM NO.: IV.
Denise Christiansen Resolution Amending Resolution
Public Works/Engineering 2007-86
Requested Action
Move to:Adopt Resolution amending Resolution No. 2007-86, to correct the description of
Highway Easement per Doc. No. 1156115 and Slope Easement per Doc. No.
1174574 in Resolution No. 2007-86, Vacation 07-06.
Synopsis
The legal description for Highway Easement per Doc. No. 1156115 and Slope Easement per
Doc. No. 1174574 in Resolution No. 2007-86 of Vacation 07-06 was incorrect and is being
corrected and filed with the County.
Attachment:
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
AMENDMENT OF RESOLUTION NO. 2007-86 CORRECTING THE DESCRIPTION
OF HIGHWAY EASEMENT PER DOC. NO. 1156115 AND SLOPE EASEMENT PER
DOC. NO. 1174574 VACATION 07-06
WHEREAS, Resolution No. 2007-86 approved by the Eden Prairie City Council August 21,
2007 and recorded as Document No. 4419025 with the Office of the Registrar of Titles,
Hennepin County,Minnesota provided for the Vacation of a part of Eden Road in Section 14,
Township 116, Range 22,Hennepin County, Minnesota; and
WHEREAS ,the description of HIGHWAY EASEMENT PER DOC. NO. 1156115 and SLOPE
EASEMENT PER DOC. NO. 1174574 in said Resolution No. 2007-86 are incorrect; and
WHEREAS, the correct description of HIGHWAY EASEMENT PER DOC.NO. 1156115 is
described as follows:
All that part of Lot 16, Auditor's Subdivision Number 335, Hennepin County, Minnesota lying
Southerly of a line which is parallel with and 34.40 feet South of the South line of Registered
Land Survey No. 369 and its extension East to the Northwesterly line of U.S. Highway Nos. 169
and 212 and measured along the West line of said Lot 16 which lies southeasterly of a line run
parallel with and distant 60 feet northwesterly of Line 1 described below and which lies
northwesterly of a line run parallel with and distant 40 feet northwesterly of said Line 1:
Line 1:
From a point on the East and West quarter line of Section 14, Township 116 North,
Range 22 West distant 2557.59 feet West of the East quarter corner thereof; thence
run Northeasterly at an angle of 45 degrees 57 minutes 00 seconds from said East and
West quarter line (measured from East to North) for 359.63 feet to the point of
beginning of Line 1 to be described; thence run Southwesterly on the last described
course for 100.00 feet and there terminating., and
WHEREAS, the correct description of SLOPE EASEMENT PER DOC. NO. 1174574 is
described as follows:
All that part of Lot 16, Auditor's Subdivision Number 335, Hennepin County, Minnesota lying
northerly of a line which is parallel with and 34.40 feet South of the South line of Registered
Land Survey No. 369 and its extension East to the Northwesterly line of U.S. Highway Nos. 169
and 212 and measured along the West line of said Lot 16 which lies southeasterly of a line run
parallel with and distant 60 feet northwesterly of Line 1 described below and which lies
northwesterly of a line run parallel with and distant 40 feet northwesterly of said Line 1:
Line 1:
Beginning at a point on the East and West quarter line of Section 14, Township 116
North, Range 22 West distant 2557.59 feet West of the East quarter corner thereof;
thence run Northeasterly at an angle of 45 degrees 57 minutes 00 seconds from said
East and West quarter line (measured from East to North) for 600.00 feet and there
terminating.
NOW, THEREFORE ,BE IT RESOLVED by the Eden Prairie City Council that the legal
description of Highway Easement per Doc. No. 1156115 and Slope Easement per Doc. No.
1174574 in Resolution No. 2007-86 is amended as set forth above.
ADOPTED by the Eden Prairie City Council on November 15, 2007.
Philip Young, Mayor
ATTEST:
Kathleen Porta ,City Clerk