HomeMy WebLinkAbout07-135 VOID Conservation Easement near Five Hawks
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
RESOLUTION 07-135
A RESOLUTION AUTHORIZING THE JEFFERS FOUNDATION TO PREPARE A CONSERVATION
EASEMENT FOR EXECUTION BY THE MAYOR AND CITY MANAGER OVER EIGHT ACRES OF
PROPERTY OWNED BY THE CITY AT FIVE HAWKS.
Motion By: Millar
Second By: Hedberg
WHEREAS, The City received a donation of eight acres of land from the developers of Creekside
Commons; and
WHEREAS, The City has allowed Independent School District 719 (School District) to use this land
as part of the Five Hawks Outdoor Learning Center facility; and
WHEREAS, The Jeffers Foundation has asked the City to permit a conservation easement to be
placed over this property to preserve it in perpetuity for outdoor learning center
purposes; and
WHEREAS, The conservation easement would grant the School District the authority to enforce
violations of the restrictions set forth in the conservation easement; and
WHEREAS, Jeffers Foundation has offered to have the conservation easement prepared subject to
the review of the City Attorney; and
WHEREAS, Jeffers Foundation has offered to pay the City two-hundred thousand dollars
($200,000) for agreeing to the conservation easement subject to the $200,000 being
used towards the construction of the Jeffers Pond Interpretive Center building project.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City agrees to place a conservation easement over approximately eight acres of land adjacent
to Five Hawks Elementary School; and further agrees to grant the Independent School District 719
authority to enforce the provisions set out in the conversation easement.
3. Jeffers Foundation shall prepare, or cause to be prepared, the proposed conservation easement;
including but not limited to any surveying costs necessary to define the property encumbered by the
conservation easement. Upon completing preparation of the conservation easement, the document
shall be provided to the City Attorney for review, comment and approval.
4. The Mayor and City Manager are authorized to execute the approved conservation easement
subject to receipt of $200,000 in official U.S. currency.
5. The staff is authorized to place the $200,000 in an interest-earning account to be used for the
Jeffers Pond Interpretive Center building project; the City shall retain the interest.
6. The City Attorney is hereby directed to prepare the appropriate legal documents to effectuate the
terms of this resolution.
7. The City, School District and Jeffers Foundation shall use their best efforts towards assuring the
Jeffers Pond Interpretive Center becomes a reality within the reasonably near future. In the event
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
the plans and efforts towards the construction of the Jeffers Pond Interpretive Center do not
materialize, the City is entitled to retain the $200,000 for park development use.
PASSED AND ADOPTED THIS 16th DAY OF JULY 2007.
YES
NO
Haugen X Hauaen
Erickson X Erickson
Hedberg X Hedbera
LeMair X LeMair
Millar X Millar
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