HomeMy WebLinkAboutResolution - 2002-40 - Accepting Donation of Conservation Easement - 02/05/2002 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.2002-40
RESOLUTION ACCEPTING DONATION OF CONSERVATION EASEMENT
WHEREAS,the City of Eden Prairie has adopted a policy to solicit and accept donations
of certain conservation easements upon undeveloped lands which form a part of large
homesteads or estates in order to protect natural, scenic, open or wooded areas within the City;
and
WHEREAS, Matrix Development, LLC has offered to donate a conservation easement
and restriction covering a significant portion of its development property, which easement covers
land in a natural and scenic condition; and
WHEREAS, the conservation easement covers land which otherwise would have been
subdivided off of Matrix Development, LLC's parcel into shoreline lots with the potential for
further development; and
WHEREAS, the City Attorney and City Staff have reviewed and approved the form of
the proposed Conservation Easement and Restrictions Agreement, a copy of which is attached;
and
WHEREAS,the Conservation Easement and Restrictions Agreement appears to comply
with Minn. Stat. §§ 84C.01-.05 and 84.64, and IRC § 170(h).
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as
follows:
1. Matrix Development, LLC is the owner of a large parcel within the City which
would be burdened by the proposed Conservation Easement and Restrictions;
2. The land covered by the proposed Conservation Easement and Restrictions: (a)
may, under current City regulations, be subdivided into multiple riparian lots and (b) are among
those the City considers most subject to intensive development and subdivision pressure;
3. The land covered by the proposed Conservation Easement and Restrictions
contains certain unique features including portions of a lake and/or wetland, shorelands of that
lake/wetland, aquatic habitat, mature trees, and sensitive vegetation and open spaces;
4. There is intense development pressure in the area surrounding the easement area
and further development would degrade the natural and scenic character of and habitat in, the
Easement area;
5. The donation offered by Matrix is for conservation purposes and is perpetual;
b. The donation will create a significant public benefit, and the City wishes to accept
the donation on the terms expressed in the attached Conservation Easement and Restrictions
Agreement, and
7. The donation and the proposed Conservation Easement and Restriction
Agreement are consistent with Minnesota conservation easement statutes and policies, and with
the City's recently-adopted conservation easement policy.
NOW, THEREFORE, BE IT RESOLVED that the City accepts the donation of the
Conservation Easement and Restriction offered by Matrix upon the terms and conditions of the
Conservation Easement and Restrictions Agreement attached hereto, effective immediately.
ADOPTED by the City Council of the City of Eden Prairie this 5 h day of February,
2002.
Ronald Case, Acting Mayor
ATTEST:
A�b,t,�
Kathle Porta, City Clerk
FORTNI OF PERPETUAL CONSERVATION/SCENIC EASEMENT
THIS EASElUENT AGREENIENT is made this day of , 20_,
by and between MATRIX DEVELOPMENT, LLC, hereinafter referred to as "Grantor," and the
CITY OF EDEN PRAIRIE, a Minnesota municipal corporation,hereinafter referred to as "City";
WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota,
more fully described in Exhibit A, attached hereto and made a part hereof, and said land
hereinafter referred to as "the Property"; and,
WHEREAS, Grantor has marketable title to the Property, free and clear of all liens,
mortgage, and encumbrances,
WHEREAS, Minnesota Statutes §§ 84.C.01-.05 authorize the donation by private
citizens of non-possessory, conservation easements to protect natural, scenic and open space
values, and the authorized donees include any governmental body empowered to hold an interest
in real property under the laws of the State of Minnesota; and
WHEREAS, Minnesota Statutes § 84.64 authorize the donation by private citizens of
similar negative easements, called conservation restrictions, to retain the natural, scenic, and
open or wooded condition of land, and the authorized donees include, any home rule charter or
statutory city; and
WHEREAS, the City is a: (i) governmental body empowered to own interest in real
estate and(ii) statutory city under Minnesota Statutes; and
WHEREAS, the City has concluded that there is a need for conservation easements and
restrictions to protect and preserve some of the natural, scenic, open and/or wooded parcels
remaining within its City limits; and
WHEREAS, the City has a policy under which it will accept the donation of
conservation easements and restrictions covering natural, scenic, and open or wooded spaces and
which are threatened by intensive development and/or subdivision pressure; and
WHEREAS, the Property contains a natural, scenic wooded parcel, generally depicted as
the `Basement Area" on Exhibit B attached hereto, and legally described on Exhibit C attached
hereto (the "Easement Area'), which Grantor and the City desire to preserve in its natural state,
consistent with the above-named State and City policies and procedures, and consistent with the
rules and regulations under United States Internal Revenue Code (IRC) § 170 (h); and
WHEREAS, the City has reviewed the donation to the City of a conservation easement
over and across the Easement Area (the "Conservation Easement"), and has concluded that the
donation of the Conservation Easement produces a significant public benefit because of the: (i)
intensity of land development pressures in the vicinity of the Easement Area; (ii) the lake,
shoreland, habitat, trees and open space characteristics of the Easement Area, (iii) the
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consistency of the Conservation Easement ..rith state and local conservation policies; (iv) the
likelihood that further development of the Easement Area would contribute to degradation of the
natural and scenic character of, and habitat in and around, the Easement Area, including
specifically the character of Mitchell Lake; and (v) the perpetual nature of the Conservation
Easement.
WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a
conservancy/scenic easement for conservation and preservation of the terrain and vegetation, to
prohibit certain destructive acts thereon,to protect the relatively natural ecosystem located on the
Easement Area and within the waters adjacent to the Easement Area, and to preserve scenic open
space, over the Easement Area;
NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by
the parties as follows:
1. Grant. Grantor hereby conveys to City and its successors and assigns a conservation and
scenic easement in, under, on, and over the Easement Area, and City hereby accepts such
conveyance.
2. Purpose; Terms and Conditions. The purpose of this Conservation Easement is to assure
that the Easement Area shall at all times predominately: (i) remain in its natural and scenic
condition; (ii) remain wooded space and not be developed; (iii) provide and protect natural
habitat for wildlife and plants; and (iv) provide scenic views, particularly from Mitchell Lake
and surrounding areas. The following terms and conditions shall apply to the Easement Area:
A. The Easement Area shall be preserved predominantly in its natural condition. No
trees, shrubs, or other vegetation shall be planted upon the Easement Area and no
trees, shrubs, or other vegetation shall be removed from the Easement Area without
the prior written consent of the City.
B. No building, road, sign, billboard, utility, or other structure shall be placed in the
Easement Area without the prior written consent of City. No structure within the
Easement Area shall ever be used for commercial or residential purposes.
C. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or
within the Easement Area without the prior written consent of the City.
D. No change in the general topography of the Easement Area landscape, including, but
not limited, to excavation, dredging, movement, and removal or placement of soil,
shall be allowed within the Easement Area without the prior written consent of the
City. No surface mining of any kind shall be permitted, and no loam, peat, gravel,
rock, soil or other material substance shall be excavated, dredged or removed from
the Easement Area.
E. This donation is made exclusively for conservation purposes, and the Easement Area
shall be kept and maintained in a natural or scenic, open or wooded conditions,
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substantially reflecting the natural conditions in the Easement Area,protecting natural
habitat,and affording visual access and scenic enjoyment to the general public.
3. Representations and Warranties. With respect to the Easement Area, Grantor represents
and warrants as follows:
A. That Grantor has marketable title free and clear of all liens, encumbrances and
mortgages.
B. That Grantor has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Easement Area, any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those
defined in or pursuant to 42 U.S.C. SS 9601, et. seq., or Minn. Stat., Sec. 115B.01, et.
seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as
"Hazardous Substances");
C. That to the best of Grantor's knowledge, Grantor has not allowed any other person to
use, employ, deposit, store, dispose of,place or otherwise have, in or on the Easement
Area, any Hazardous Substances;
D. That to the best of Grantor's knowledge, no previous owner, operator or possessor of
the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or
on the Easement Area any Hazardous Substances;
Grantor agrees to indemnify, defend and hold harmless City, against any and all loss,
costs, damage and expense, including reasonable attorneys fees and costs that City incurs
because of the breach of any of the above representations or warranties and/or resulting
from or due to the inaccuracy or falsity of any representation or warranty herein.
4. Demarcation. Grantor agrees to permanently demarcate the location of the boundary of
the Easement Area on each lot property line or corner with permanent four-foot tall posts. A 2
by 6 inch sign or decal reading"Scenic/Conservation Easement Boundary, City of Eden Prairie",
will be affixed to the top of the post.
5. Reservation of Rights is by Grantor. Subject to City approval, Grantor reserves the right to
construct natural pathways through the Easement Area, provided however that (i) all such
pathways shall be of natural materials, such as wood chips, and (ii) Grantor shall take reasonable
efforts to preserve the natural state of the Easement Area in the construction of such pathways,
including locating such pathways in a manner that preserves mature trees wherever possible.
Grantor also reserves the right to construct erosion control and drainage improvements, and boat
and watercraft docks (including electrical service thereto), as indicated on the development plans
for Terrey Pine Villas, as approved by the City. Grantor, for itself and its successors-in-title,
shall, and hereby retains all rights to, enter upon, maintain, care for and landscape the Easement
Area consistent with the restrictions expressed above.
6. Duration. The duration of this Conservation Easement is perpetual and shall bind and
inure to the benefit of the parties,their successors, and assigns.
7. Interest. This Conservation Easement is a non-possessory easement, and does not grant
to the City any right to use or improve, or to permit the public any right to enter upon, use or
improve, any part of the Easement Area as a park or recreational area. Moreover, nothing in this
instrument grants any member of the public the right or privilege whatsoever to enter upon the
Easement Area for any purpose.
S. Remedies. All the rights and remedies under Minnesota Statutes § 54.65 and § 84C.03,
and all other rights and remedies available under the law, shall be available to the City to enforce
this Conservation Easement. Also, if there shall be a violation or breach, or an attempt to violate
or breach, any of the terms, covenants or conditions of this Conservation Easement, the City may
prosecute any proceedings at law or in equity against the person or entity violating or breaching,
or attempting to violate or breach, any such term, covenant or condition, including but not
limited to actions to prevent such violation or breach by injunction or to recover damages for
such violation or breach.
9. Limited Assignment. The City's interest as donee and holder of the Conservation
Easement under this instrument may not be assigned or conveyed, unless the following
conditions are first met: (a) the City requires that the assignee present a written
acknowledgement that the conservation purposes the donation was originally intended to
advance will continue to be carried out by the assignee, and (b) the assignee must be an
organization qualifying, at the time of the assignment, as a qualified donee under IRC § 170
(h)(3) and the rules and regulations thereunder(or successor code sections and regulations).
10. Covenants Run With Land. The terms, covenants and conditions hereof shall run with
the land and shall be binding on all present and future owners of the Easement Area, and shall
inure to the benefit of the City of Eden Prairie, its permitted successors and assigns.
Remainder of Page Intentionally Blank
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IN FITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
GRANTOR CITY OF EDEN PRAIRIE
Matrix Development LLC
By
Frank Thera, President Nancy Tyra-Lukens,Mayor
Carl J. Jullie, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,
2001, by Jean L. Harris and Carl J. Jullie, 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 , 2001,
by Frank Thera, the President of Matrix Development LLC, a Minnesota limited liability
company, on behalf of the company.
Notary Public
EXHIBIT A
TO CONSERVATION EASEMENT
LEGAL DESCRIPTION OF THE"PROPERTY"
(note: may need to be altered prior to recording of the first Easement,
to reflect ownership of only Phase 1 rather than all of Terrey Pine Villas)
Terrey Pine Villas
Legal Description
PID: 08-116-22-34-0004
That part of the west 490 feet of the east 980 feet of the south 1/4 of the southeast 1/4 of the
southwest 1/4 lying southerly of parcel 212R as shown on MN/DOT right-of-way no. 27-50
PID: 17-116-22-21-0003
The west 490 feet of the east 980 feet of Government Lot 1
PID: 08-116-22-34-0001
That part of the south 1/4 of the south 1/2 of the southwest 1/4 lying west of the east 980 feet
thereof and east of a line bearing north 1 degree, 16 minutes west from a point in the south line
of the southwest 1/4 distance 1371 feet.
Legal Description after filing the plat :
Lots 1-13,Block 1, and Outlot A, Terrey Pine Villas
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EMMIT B
TO CONSERVATION EASEMENT
DEPICTION OF EASEMENT AREA
(on following pages)
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E,=IT C
TO CONSERVATION EASEMENT
LEGAL DESCRIPTION OF EASEMENT AREA