City Council - 07/01/1980 }f}
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APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
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CdESDAY, JULY 1, 1980 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel , Dean Edstrom, Dave
Osterholt, Sidney Pauly and Paul Redpath
COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney
Roger Pauly; Planning Director Chris Enger;
Finance Director John Frane; Director of
Community Services Bob Lambert; Assistant
City Engineer Gene Schurman; and Joyce Provo,
Recording Secretary
INVOCATION: Mayor Wolfgang Penzel
PLEDGE OF ALLEGIANCE
ROLL CALL: Edstrom, Osterholt, Pauly and Penzel present; Redpath absent.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS r
The following items were removed from the Regular Agenda and placed on the
Consent Calendar: IX. E. 1 . Receive feasibility report and set hearing date
for Au ust 5, 1980 for frontage road ro 'ect on south side of T.H. 5 from F!jller
Road to Co. Rd. 4, I.C. 51-336 Resolution No. 80-122 , and IX. E. 2. Sprinkling
ban.
The following item was added as IX. C. 3. HUD 701 Grants to Localities.
MOTION: Edstrom moved, seconded by Pauly, to approve the agenda as amended and
published. Motion carried unanimously.
II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JUNE 17, 1980 i
MOTION: Osterholt moved, seconded by Edstrom, to approve the minutes of the City
Council meeting held Tuesday, June 17, 1980jas published. Osterholt, Edstrom
and Pauly voted "aye" ; Penzel "abstained. Motion carried.
III. CONSENT CALENDAR
A. 2nd Reading of Ordinance No. 80-14, rezoning 5.2 acres from Rural to RM 6.5
for 32 quadra-minium units for Nort mark East by Ban-Con and deve oper s agreement
B. Clerk's License List
C. 2nd Reading of Ordinance No. 80-15, rezoning 11 .7 acres from Rural to RM 6.5
or 68 quadra-minium units for Northmark West by Ban-Con and developer s agreement
0. Resolution No. 80-121 , proclaiming September 8th as NATIONAL CANCER DAY
E. Final plat approval for Maple Leaf Acres 8th Addition (Resolution No. 80-123)
F. Final plat approval for Cardinal Creek 2nd Addition (Resolution No. 80-124)
G. Receive feasibility report and set hearing date for August 5, 1980 for frontage
road project on south side of T.H. 5- from Fuller Rd. to o. Rd. -
(Resolution No. - formerlyitem IX. E. 1
Council Minutes - 2 - Tues. ,July 1 , 1980
H. Sprinkling ban (formerly item IX. E. 2. )
MOTION: Osterholt moved, seconded by Pauly, to approve items A - H on the Consent
r Calendar. Motion carried unanimously.
l IV. PUBLIC HEARINGS
A. Public Hearing for street name changes: Bluffs Road Bluff Road and Homeward
Hills Road Ordinance No. 80-17 '
Penzel explained the reason this Public Hearing was called was because he
personally received several calls due to some confusion that became quite evident
when an accident or emergency situation arose on Bluffs West Boulevard in the
Bluffs West Addition, where some of the emergency equipment because of the
similarity between Bluff Road and Bluffs Boulevard went to the wrong street where
they had severe difficulties on the scene because all of the equipment did not
arrive on time. Penzel then pointed out the problem to City staff and asked what
could be done about the street names. The proposal before the Council is based
on that request - an attempt at arriving at the most seemingly reasonable
solution to the problem. `
Gene Schurman, Assistant City Engineer, spoke to the proposal and answered
questions of Council members.
Hugh Brenner, 9599 Bluff Road, and Earl Houghton, 9795 Bluff Road, spoke against
changing Bluff Road to Franlo Road.
Dr. Fred Ekrem, 9845 Bluff Road, read from a letter submitted by Martin A. Diestler, `
9905 Bluff Road, opposing the name change from Bluff Road to Franlo Road (attached
as part of minutes). Dr. Ekrem also expressed his opposition to the name change.
Joy and Al Brekke, 10091 Homeward Hills Road, spoke against changing Homeward
Hills Road to Bluffs Boulevard. (Letter dated June 30, 1980 attached as part
of minutes Was also sent to the Council from the Brekke's) .
Captain Keith Wall , Public Safety Department, stated what happens is that the
calling party gives the wrong address , i .e. , Bluffs rather than Bluff Road
or Bluffs Boulevard. It is not a matter of being lostvit is that the calling
party gives the name to a central dispatcher incorrectly.
Pauly and Osterholt suggested there may be some merit adding West to Bluffs
Boulevard (West Bluffs Boulevard) and East to Bluff Road (Bluff Road East),
MOTION: Osterholt moved, seconded by Edstrom, to continue the Public Hearing
to August 5, 1980, notifying the people living on Bluffs Boulevard their street
name may be changed to West Bluffs Boulevard, and the people living on Bluff
Road that their name may be changed to Bluff Road East, with the Homeward Hills
Road designation remaining as it is now. Motion carried unanimously..
V. PAYMENT OF CLAIMS NOS. 2098 - 2304 w `
MOTION: Osterholt moved , seconded by Penzel , to approve Payment of Claims Nos.
2098 - 2304. Roll Call Vote: Osterholt, Penzel and Edstrom voted "aye" on Claims
Nos. 2098 - 2304; Pauly "abstained" on Claim No. 2302 and voted "aye" on all other
Claims Nos. Motion carried.
VI . REPORTS OF ADVISORY COMMISSIONS
No reports.
Council Minutes - 3 - Tues. ,July 1 , 1980
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VII . PETITIONS, REQUESTS & COMMUNICATIONS
A. Gelco First Addition by Gelco Corporation. Request for PUD Development Stage M
approval to preliminary plat the 60 acre Gelco PUD into 9 lots and 10 outlots.
Located north of Anderson Lakes and South of I-494 and West 78th Street
(Resolution No. 80-114)
Mayor Penzel referred to communication received from Gelco Corporation
requesting that this item be continued indefinitely.
MOTION: Pauly moved, seconded by Osterholt, to continue consideration of the a
Gelco First Addition indefinitely at the regpest of the proponents . Motion
carried unanimously.
ry
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B. Request from Rosewood Corporation for an additional extension of their Municipal
Industrial Development Bond final approval to the 20th of January, 1981
Mr. Rekstad spoke to their request for a six-month extension, adding they are
close to putting a deal together with a company who would occupy about 60% v
of the building.
'f proponents e close an agreement, why do the need
Pauly commented � the p opanent are so o to g y y
a six month extension? Rekstad replied ,just for a comfort factor as it does take
time to pull ends together.
MOTION: Edstrom moved, seconded by Osterholt, to grant Rosewood Corporation
f a final extension of 3 months for their Municipal Industrial Development Bond
approval to October '1 , 1980. Motion carried unanimously.
C. Request from Eden Prairie Partners for an extension of their Municipal Industrial
Development Bond final approval to October 7, 1981
Finance Director Frane requested that this item be continued to a future meeting
as Mr. Malcolm Reid was called out of town.
MOTION: Osterholt moved, seconded by Edstrom, to continue the request from
Eden Prairie Partners to July 15, 1980. Motion carried unanimously.
D. Communication from Abbie Picha, President of the Eden Prairie Historical Society,
requesting reservation of the peony garden east of the Grill home on Pioneer
Trail
Director of Community Services Lambert explained the Eden Prairie Historical
Society has some concern with the peony garden on the Grill property, and have
requested that the City appropriate some funds to hire a gardener or somebody
to take care of the garden. Since the letter from Mrs, Picha was received,
Lambert stated he did talk to Sandy Werts, who is responsible for the Teen Work
Program, and they are weeding the garden by hand which will take care of the
weeding problem for the summer. However the garden should be tilled once a week
and there is not time for the regular park maintenance men to do that work.
O.sterholt asked if there was an Eden Prairie Garden Club that might volunteer to
do some of the work. Lambert commented he could talk to the Garden Club.
Pauly questioned if anybody has a real idea of the value of the peonies — are they
truly rare chinese specimens? Pauly suggested that somebody from the Arboretum
be asked to come out and give an evaluation of the peonies.
Council Minutes - 4 - Tues. ,July 1 , 1980 ±'
D. Communication from Abbie Picha (continued) �y{
It was the consensus of the Council to continue with the Teen Work Program at
this point, and asked Mr. Lambert to explore the two alternatives - the Garden
Club and an evaluation by the Arboretum as to the rarity of the plantings.
Further that this information be brought back to the Council for consideration.
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VIII. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 80-03, rezoning approximately 111 acres from Rural
to R1-13.5 for Olympic Hills 6th Addition by The Preserve and Olympic Hills
Corporation, and developer's agreement
City Manager Ulstad spoke to the developer's agreement before the Council ,
explaining it is not quite the same as moved by the Council originally as the right
of first refusal has been omitted as part of the agreement. The proponents
ran into some difficulty as to what this did relative to their being eligible
to mortgage the property.
City Attorney Pauly added the proponents felt there was a problem in regard to the
ability to borrow and obtain funds against the property with that kind of a
provision. From the City's side of the table, it was felt that type of an
agreement really did not give the City a great deal if it was subject to a lien,
encumbrances, etc. , in the final analysis. During the course of numerous
discussions, the proponents did have occasion to discuss the matter further
with their mortgage lenders and it was determined at that time that the mortgage
lenders had confidence in the golf course operating as a golf course and were
willing to give consent to a permanent open space easement to waive the lien (the
mortgage) with regard to the open space easement, so they are looking to the
security of the grounds as a golf course and not for further development. As a
result of that the proponents proposed at that time to grant an open space ease-
ment in perpetuity on the golf course property. The Preservation Easement refers
to Outlot A of Olympic Hills 2nd Addition, and that relates back to a previous
developer' s agreement. The Open Space Easement; however, will cover the remainder
of the property with the exception of that portion which is being contributed
by The Preserve, and that is parts of something like 3 holes. However, there is
an added feature to that which is some language Mr. Pauly stated he has been
advised will be incorporated into the deed running from The Preserve to Olympic
Hills which will provide for a reversion of those property interests to the
surrounding land owners in the event the property would permanently not be used as
a golf course. There is a provision that those land owners may establish a
homeowners association and maintain it as a common area or do whatever they will
with it. Pauly felt this is a relatively small portion of the golf course and
the majority of it is covered by the permanent open space easement. Pauly also
spoke to the Escrow Agreement as submitted to the Council .
Penzel asked what the rationale of The Preserve is for not providing the open
space easement.
Larry Peterson, representing The Preserve, stated they were looking for some
security for the people that would be buying there that the property would revert
back to them if Olympic Hills did not maintain it as part of their 18-hole golf
course. I his was in the agreement before they talked to the City about what
the City might be looking for. Peterson stated if that is problem, The Preserve
is willing to drop that language and would be willing to make it an open space
easement. I
Osterholt requested that the language in item 11 be removed from the developers
agreement as he felt it was superflous . All parties agreed to the removal of
this item.
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Council Minutes - 5 - Tues. ,July 1 , 1980
A. 2nd Reading of Ordinance No. 80-03 (continued)
Osterholt further commented the City with this agreement as proposed is getting
into an agreement where we are really not quite sure how it is going to operate
1 unless certain things happen in the future. Also if for whatever reasons the
golf course ceases to function as a golf course, then what happens to that
property e ?Is it still the Olympic Hills property and do they have certain rights
to develop.
City Attorney Pauly replied the property would continue to be owned by Olympic
Hills Corporation or whoever is the owner at the time; however, if it is not used
for a golf course it could not be developed. It must continue as open space
without any structures on it other than for use as a golf course or country club.
There isn't a provision in there that says if it isn't used for a golf course
for three months, six months, etc. , that there is a forfeiture or reverter or
something of that kind. It simply says it can' t be used for anything other than
a golf course or a country club.
Osterholt noted under the original agreement as proposed to the City by the
proponents, the City would have the right of first refusal on a certain basis -
that is not in the present agreement. Osterholt asked how enforceable the agree-
ment is in terms of keeping it as oper. space?
City Attorney Pauly responded in his opinion the agreement before the Council
this evening is more traditionally enforceable than the other proposal . This
is an easement which is authorized by Minnesota Statutes.
Greg Gustafson, representing Olympic Hills, stated they would like to have the
provision for The Preserve land as well as the Olympic land with the same
language.
Edstrom asked Tf the proponents are saying the reverter would be eliminated
entirely. Mr. Gustafson replied in the affirmative.
Penzel added this would mean all of. the open space would perpetually remain open
space.
Osterholt asked if this should be contested, what would be the basis the City
could enforce it? City Attorney Pauly replied there is a Minnesota Statute
that provides for open space easements and the common property law. (Memo
from City Attorney Pauly attached as part of minutes).
MOTION: Osterholt moved, seconded by Edstrom, to adopt the 2nd Reading to
Ordinance No. 80-03, rezoning approximately Ill acres from Rural to R1-13.5 for
Olympic Hills 6th Addition by The Preserve and Olympic Hills Corporation. Motion
carried unanimously.
MOTION: Osterholt moved, seconded by Edstrom, to approve the Developer's Agreement
eliminating item 11 , approval of the Open Space Agreement with Olympic Hills as
well as The Preserve committing to the preservation of the total golf course in
perpetuity, and approval of the Preservation Agreement and the Escrow Agreement.
All agreements approved subject to the amendments discussed this evening upon
City Attorney's review before signatures are affixed. Motion carried unanimously.
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Council Minutes - 6 Tues. ,July 1 , 1980
B. Ordinance No. 80-16, requiring permits for the discharge of Firearms
and amending Ordinance Nos 337 and 347
Mr. Peter Loscheider, 17660 West 78th Street, spoke on behalf of the Hunting
Zone Committee in favor of the change included in Ordinance No. 80-16. Further
if any questions arise regarding the hunting zones in Eden Prairie, the committee .
would be willing to meet again and review same.
MOTION: Osterholt moved, seconded by Pauly, to adopt the 1st Reading to
Ordinance No. 80-16, requiring permits for the discharge of Firearms and amending
Ordinance Nos 337 and 347. Motion carried unanimously.
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
Mayor Penzel referred to a communication he received from Congressman Frenzel
on revenue sharing and requested same be distributed to Council members.
1. Appointment of 1 member to the Parks Recreation & Natural Resources
Commission to fill an unexpired term to 2/28/81 Continued from 6/17/80)
Pauly placed the name of Marge Friederichs into nomination.
MOTION: Pauly moved, seconded by Edstrom, that nominations be closed and
a unanimous ballot be cast for the appointment of Marge Friederichs to fill
an unexpired to 2/28/81 on the Parks, Recreation & Natural Resources
Commission. Motion carried unanimously.
2. Appointment of 1 citizen member to the Citizens Advisor Group CAG
Continue from 6/17/80
Joseph M. D. Adams , 9715 Mill Creek Drive, appeared before the Council
indicating his interest in serving on the Citizens Advisory Group. Mr.
Adams responded to questions raised by Council members.
MOTION: Pauly moved, seconded by Osterholt, to appoint Mr. Joseph M. D. Adams
to the Citizens Advisory Group (CAG) . Motion carried unanimously.
B. Report of City Attorney
No report.
C. Report of City Manager
1. Petition for mediation from Local 49
City Manager Ulstad gave a report on the status of local issue requests which
are to be negotiated as a supplement to the Master contract. The Manager's
recommendation was that in his opinion the demands were in excess of the
benefits of all other employees of the City. The Council concurred with the
recommendation of the City Manager.
/ 2. Discussion on disposition of the Steelman property
i City Manager Ulstad suggested the Council direct staff to obtain sealed bids
making both parties aware of what the appraisal is, those parties being
Mr. O'Neill and new owners of Tudor Oaks .
Council Minutes - 7 - Tues. ,July 1 , 1980
2. Discussion on disposition of the Steelman Property (continued)
MOTION: Pauly moved, seconded by Osterholt, to instruct staff to obtain
sealed bids on the Steelman property, making both parties aware of what the
appraisal is. Motion carried unanimously.
3. HUD 701 Grants to Localities
City Manager Ulstad explained there are grants available to municipalities
to be used for such purposes as codification,and requested Council 's
adoption of a motion pertaining to same.
MOTION: Osterholt moved, seconded by Pauly, to submit an application
for HUD 701 Grants and to agree to contribute the local share and accept
the lead unit responsibility. Motion carried unanimously.
D. Report of Director of Community Services
1. Trail connection between Edenvale Boulevard and Hillcrest Court
Director of Community Services Lambert requested that this item be
continued until he has a chance to talk to the insurance company that
presently owns the property involved.
Council concurred with Lambert's request to continue this item to
the August 5th Council meeting.
2. Community Center Funding
Council received the report from Director of Community Services Lambert
and expressed appreciation for the thorough report.
3. Request for authorization to condemn right-of-way across Chicago North;
western Railroad property Resolution No. 80-120
MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No,
80-120, authorizing and directing the acquisition of certain lands by
eminent domain. Motion carried unanimously,
E. Report of City Engineer
1. Receive feasibility report and set hearing date for August 5 1980 for
r onto a roadproject on south s-ide o T.H. 5 from Fuller Rd. toCo.. Rd.
4, I.C. 5 -336 Resolution No. 80- 2
This item was moved to the Consent Calendar (III . G. ) .
2. Sprinkling ban
This item was moved to the Consent Calendar (III. H. ).
X. NEW BUSINESS
Osterholt requested that the Council be provided information relative to any new
businesses or developments which may be planning to locate in Eden Prairie prior
to their appearance before the Commissions and Council .
XI. ADJOURNMENT
MOTION: Osterholt moved, seconded by Edstrom, to adjourn the Council meeting at
Q•nn DM Mn44nr. .+-%W%v 4 nA .rn� nimnrrl..
71
Martin I&, Diestlear
9905 Bluff Road
Edon Prairies Minn. 55344
June Sop 1980
To Wham it May Concdrn:
as to Bluff Road
It is impassible for me to attend the meeting of July 1, 1930
as I have suffered a wovero heart attack and an in the hospital .
I have lived on Bluff Road almost 30 years and other residences
have boon hero as long or longer. In fact Kr. Hustad himself
lived on Bluff Read at one time. There can be no argument
that Bluff Road existed long before Bluffs Blvd. become • name
in any ones mind.
Bluff Road &*scribes the situation as distiactly a read
running atop a Bluff. Bluffs Blvd. cortatnly does not describe
the Homeward: Hills present location.
~ Bluffs Blvd. now consists of 8 cul to sacs running off the
proposed Blvd. Each cul d• sac is also call*& Bluffs Blvd.
Any confusions during an emergency would be caused by: not
the confusion between Road and Blvd. but by which one of
the Bluffs Blvd. ans was looking for.
If this isn' t enough confusion, another cul to sac call*&
Buff Drive is within a couple of miles of the Bluffs Blvd,
cul to sacs.
We, claim the right to use the word Bluff Read by about 30
years priority, this regardless of the numbers of people
Involved who hay* lived in the neighborhood a year or less.
Also it should b* recognized ther* are mmy costs involved,
postage, stonegraphic +cork, bank shocks, *tees *tees eta«
and those costs will fall meet hoavlly on thews who huvo
lived hare the lengest*
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June 30, 1980
AL
Dear Eden Prairie City Cauncile
We are writing to you to oppose the suggested change
in the name of Homeward Hills Road to Bluffs Blvd.
We find the proposed change objectionable on aesthetic,
historic and practical grounds.
A recent letter to us suggested that the proposed name
change is prop ted by possible confusion over street names
and addresses during emergencies. We would suggest that
the possibility for confusion is far greater in tampering
with a major Eden Prairie street which has gone under the
name of Homeward Hills Road since the 19509s. The street
originally took its name from the name given our family
farm by my parents. More recently, both Homeward Hills
Addition and Hillsborough have taken their name from the
proximity of the road, the name of which you are proposing
to change. It seems to us that there is far greater chance
( of confusion in the change than in leaving the name of the
road as* it is.
The name Bluffs Blvd. which has no roots in Eden Prairie
history, also in confusing as much of its length would be
nowhere near the River Bluffs for which it is named.
We appreciate your seeking out our thoughts on this
proposal. As the persons with the longest period of res-
idence adjacent to the road, and the direct descendents of
the persons involved in the selection process, we would urge
you not to make these proposed changes. We realize that the
current situation is not perfect, and we would be happy to
work with you toward a mutually satisfactory solution.
Sincerel
Al and o Srekke
10091 Homeward Hills Road
Eden Prairie , Mn. 55344
June 30, 1980
JUL I-
Dear Eden Prairie City Councils
We are writing to you to oppose the suggested change
in the name of Homeward Hills Road to Bluffs Blvd.
We find the proposed change objectionable on aesthetic,
historic and practical grounds.
A recent letter to us suggested that the proposed name
change is propted by possible confusion over street names
and addresses during emergencies. We would suggest that
the possibility for confusion is far greater in tampering
with a major Eden Prairie street which has gone under the
name of Homeward Hills Road since the 1950's. The street
originally took its name from the name given our family
farm by my parents. More recently. both Homeward Hills
Addition and Hillsborough have taken their name from the
proximity of the road , the name of which you are proposing
to change . It seems to us that there is far greater chance
of confusion in the change than in leaving the name of the
road as it is.
The name Bluffs Blvd. which has no roots in Eden Prairie
history. also in confusing as much of its length would be
nowhere near the River Bluffs for which it is named.
We appreciate your seeking outour thoughts on this
proposal. As the persons with the longest period of res-
idence adjacent to the road , and the direct descendents of
the persons involved in the selection process, we would urge
you not to make these proposed changes. We realize that the
current situation is not perfect, and we would be happy to
work with you toward a mutually satisfactory solution.
Sincerel
Al and o Brekke
10091 Homeward Hills Road
Eden Prairie , Mn. 55344
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MEMORANDUM
TO: Mayor and City Council
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THROUGH: Roger Ulstad, City Manager
FROM: City Attorney, Roger A. Pauly and R. Thomas Greene, Jr.
RE: Enforceability of Open-Space Easements 4
Incidental to the platting and zoning of property known as Olympic
Hills Sixth Addition, the developers have agreed to give to the City an easement
for open-space purposes over the Olympic Hills golf course which is described
in the easement agreement.
An easement is the right given to another to use the land of the grantor
of the easement in the manner described in the easement. It may be positive, that
is, granting to the easement holder the right to perform acts on the servient
land, or it may be negative, that is, prohibiting the easement grantor fran
performing certain acts on his land. It may also be personal to the grantee or
appurtenant to land owned by the grantee. The former type of easement is called
an easgnent "in gross" the latter, an easement "appurtenant. "
The rules of real property regarding the enforceability of easements
are similar to the rules concerning the enforceability of other interests in
land. An easement must generally be in writing in order to be enforceable. It
must set forth with sufficient clarity the extent of the land affected, the uses of
the land which either are permitted, in the case of a positive easement, or pro-
hibited, in the case of a negative easement, and the duration of the easement,
whether for a term of years or perpetual. The open-space easement relating to
Olympic Hills golf course meets these criteria, subject to revision, filing con-
ditions and termination pursuant to the terms of an escrow agreement ancaig the
parties.
There is one aspect of the enforceability of easements which is unusual.
Courts have long held appurtenant easements to be transferable, that is, to run
with the land. However, since easements in gross are deemed to be personal to
the grantee, courts have frequently held that they may not be transferred by the
benefited party to a third party and that an easement in gross does not survive
the transfer by the easement grantor of his land to a third party.
It is against this background that conservation and open-space easements {
have been the subject of considerable discussion in recent years. See, for example,
The Hennepin Lawyer, January-February, 1976, p. 24, "Conservation Easements"; Real
Property, Probate and Trust Law Journal, Fall, 1979, p. 540, "Environmental Con-
servation and Historic Preservation through Recorded Land-Use Agreements." The
x i
Memorandmn to Mayor and -2-
City Council
Through Roger Ulstad,
City Manager
uncertainties regarding the permissibility of such easements and whether they
were in fact intended to be appurtenant or in gross were essentially eliminated
by the enactment, in 1974, of Minnesota Statutes Sections 84.64 and 84.65. As
originally enacted, the statutes authorized the acquisition of conservation
easements by the Commissioner of Natural resources and nonprofit corporations
only. In 1979, the statutes were amended to authorize the aoquisition of con—
servation easements by statutory cities. The statutes, as amended, effectively
eliminate any question that open-space easements granted to statutory cities
are valid and that they are enforceable in the manner of appurtenant easements,
regardless of whether they are deemed to be appurtenant or in gross. There
is thus little question in Minnesota that open-space easements are as enforceable
as any other easement.
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