HomeMy WebLinkAbout00-100RESOLUTION 00-100
A RESOLUTON AMENDING RESOLUTIONS 00-88 AND 00-89
APPROVING THE PRELIMINARY PUD AND PRELIMINARY PLAT FOR
THE DEVELOPMENT KNOWN AS CREEKSlDE ESTATES.
Motion By: PETERSEN
Second By: GUNDLACH
WHEREAS,
on September 18, 2000, the Prior Lake City Council adopted Resolutions 00-88 and 00-
89 approving a Preliminary PUD Plan and Preliminary Plat, respectively, for a
development known as Creekside Estates; and
WHEREAS,
Minnesota Statutes Section 462.358, Subd. 2b authorizes the City to adopt regulations
requiring a reasonable portion of any proposed subdivision be dedicated to the public for
public use as parks, recreational facilities, playgrounds, trails, wetlands, or open space.
The statute also provides that "the municipality may choose to accept an equivalent
amount in cash from the applicant'; and
WHEREAS,
the City's Subdivision Ordinance Section 1006.800 requires the developer to dedicate
land, or in the sole discretion of the City, cash in lieu of land, for the use by the City as
parks, trails or open space; and
WHEREAS,
the land to be developed as Creekside Estates is owned by Eagle Creek Villas, LLC
("property owner"); and
WHEREAS,
the developer of Creekside Estates is David Bell d/b/a Freedom Consulting and
Development ("developeY'); and
WHEREAS,
City Code requires both the fee owner and the developer to sign the application for the
Preliminary PUD Plan and the preliminary plat; and
WHEREAS,
the City Council is aware that Minnesota Statute Section 462.358, Subd. 2b requires the
City to elect a land dedication, a cash dedication or a combination thereof; and
WHEREAS, Resolutions 00-88 and 00-89 require a land dedication; and
WHEREAS,
after Resolutions 00-88 and 00-89 were adopted, the City was contacted in writing by
the property owner and developer requesting the City reconsider its decision to require a
land dedication and instead to accept a cash dedication; and
WHEREAS,
the property owner(s) and developer have offered the City an inducement to accept
cash in lieu of land; and
WHEREAS,
the inducement offered by the property owner(s) and developer is that if the City will
accept cash to satisfy the park dedication requirement, the property owner will
voluntarily convey to the City the land identified as park dedication in Resolutions 00-88
and 00-89 and the property owner and developer voluntarily and without duress or
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
pressure in any manner from the City has indicated its concurrence with the foregoing
paragraph.
Now THEREFORE, be it resolved by the City Council of the City of Prior Lake that:
1. The recitals set forth above are incorporated herein as if fully set forth.
The City desires to maintain 8.19 acres located at the intersection of Five Hawks Avenue and
Priorwood Street and identified as Outlot A, as shown in the approved preliminary plan of
Creekside Estates, for park and recreational use.
3. To assure the land is so preserved, the City required, as a condition of preliminary plat approval,
that Outlot A be dedicated to the City to meet the City's park dedication requirement.
The property owner and developer have, subsequent to the passage of Resolutions 00-88 and 00-
89, requested the City reconsider its decision and accept cash in lieu of land, but that the property
owner(s) with the concurrence of the developer, has offered to gift and convey to the City the land
identified in paragraph 2; and
o
The City agrees to accept cash to satisfy the City's park dedication requirement instead of land,
subject to the representation by the property owner(s) and developer that the land described in
paragraph 2 will be voluntarily conveyed to the City as a gift.
6. The City is aware that the property owner(s) and/or developer may claim a tax deduction for
income tax purposes as a result of said gift of land.
7. The City has not offered any tax advice with respect to the property owners and/or developer plan
to gift the land identified in paragraph 2 to the City.
The City agrees for purposes of final plat approval to accept for park dedication requirements
$16,510 in cash instead of the land requirement set out in condition 2a in Resolution 00-88, and
condition B1 in Resolution 00-89, prescribed in the Resolution approving the preliminary plat.
The applicant's offer to gift the land to the City and pay $16,510 as park dedication fee is
completely voluntary, and to attest thereto, the property owners' and developer's signatures shall
be affixed to this Resolution in the space provided below prior to the City Council consideration of
this matter.
10. The gift to the City of the property identified as Outlot A on the approved preliminary plat is a
separate and unrelated transaction from the overall subdivision and therefore, the property
owner(s) and developer waive any claims that the combination of the cash park dedication fee and
the subsequent gift of the Outlot A to the City could be construed as an excessive or unlawful
exaction or taking by the City.
11. The property owner(s) and developer recognize this is a legal document and may want to consider
seeking legal counsel before affixing their signatures hereto.
12. This document does not become effective until executed by the property owner(s) and developer.
R:\RESOLUTl~ADMINRES\creeksidereso. DOC
PASSED AND ADOPTED BY THE CITY COUNCIL THIS 2ND DAY OF OCTOBER, 2000.
YES NO
Mader X Mader
Ericson ~, Ericson
Gundlach X Gundlach
Petersen X Petemen
Zieska ~ Zieska
City Lake
ACCEPTED BY:
Property Owner:
Its: ~
Developer:
FREEDOM CONSULTING AND DEVELOPMENT
Dated: \[~) "'~.- ~
R:\RESOLUTl~ADMINRES\creeksidereso. DOC
Warranty Deed by Corporation, Partnership
or Limited Liability Company
STATE DEED TAX DUE HEREON: $1.65
Date: October 2, 2000
FOR VALUABLE CONSIDERATION, EAGLE CREEK VILLAS LLC, a limited
liability company under the laws of Minnesota, Grantor, hereby conveys and warrants to the
CITY OF PRIOR LAKE, a municipal corporation of the State of Minnesota, Grantee, for park
purposes, real property in Scott County, Minnesota, described as follows:
Outlot A, Creekside Estates, Scott County, Minnesota.
together with all hereditaments and appurtenances belonging thereto, and subject to restrictions,
reservations and easements of record, if any.
[] The Seller certifies that the Seller does not know of any wells on the described real property.
t~ A well disclosure certificate accompanies this document.
o The Seller certifies that the status and number of wells on the described real property have not changed since
the last previously filed well disclosure certificate.
Total consideration for this transfer is less than $500
Check here if all or part of the property is registered (Torrens) []
STATE OF MINNESOTA
EAGL~-,CRE/E/~VILLAS LLC .-~
(~C~iefManagerC -- .~-...~
COUNTY OF SCOTT
The foregoing instrument was acknowledged before me this ~ day of October,
2000, by John E. Mesenbrink as Chief Manager of Eagle Creek Villas LLC, a limited liability
comp any under the laws of Mi nnesota, on behalf of the limit~l~}~0 any.
NOT-~-~
~ --~'~-~-- -- -=~-- ~='~"-'~ SIgNATUrE OF PER~N TAKING ACKNOWLEDGMENT
~ ~"~, KELI.Y MEYER ~ /
THIS INSTRUMENT WAS DRAFTED BY:
HUEMOELLER & BATES
16670 Franklin Trail
Prior Lake, MN 55372
Tax statements for the real property described
in this instrument should be sent to:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372