HomeMy WebLinkAbout07-178 Five Hawks Easement (Void 07-135 and 07-152)
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
RESOLUTION 07-178
A RESOLUTION AUTHORIZING THE JEFFERS FOUNDATION TO PREPARE A CONSERVATION
EASEMENT FOR EXECUTION BY THE MAYOR AND CITY MANAGER OVER PROPERTY OWNED
BY THE CITY AT FIVE HAWKS (WESTBURY PONDS PARK AND CREEKSIDE PROPERTY)
Motion By: LeMair
Second By: Millar
WHEREAS, The City received a donation of land from the developers of Creekside Commons and
Westbury Ponds; 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, 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
before January 18, 2011; and
WHEREAS, A meeting was conducted on August 8,2007, which is memorialized in a letter signed
and agreed to by both parties dated August 14, 2007.
NOW THEREFORE, BE IT HEREBY RESOLVIED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. Resolution 07-135 and 07-152 are hereby declared null and void.
3. The City agrees to place a conservation easement over land adjacent to Five Hawks Elementary
School; and further agrees that the Minnesota Land Trust has the authority to enforce the
provisions set out in the conservation easement.
4. 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.
5. The Mayor and City Manager are authorized to execute the approved conservation easement
subject to: 1) confirmation that $200,000 in securities have been assigned to the City of Prior Lake
in the same account and subject to the same procedures as the $500,000 presently assigned for
the interpretive center building; and 2) upon execution of an agreement with respect to the
interpretive center which is satisfactory to the City and School District with respect to the use, costs,
responsibilities and maintenance of the facility.
www.cityofpriorl~ke.com
Phone 952.447.9800 / Fax 952.447.4245
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 before January 18, 2011. If the Center does not
become a reality before that date, the City shall return the securities to Jeffers.
PASSED AND ADOPTED THIS 15th DAY OF OCTOBER 2007.
Hauaen X HauQen
Erickson X Erickson
HedberQ X HedberQ
LeMair X LeMair
Millar X Millar
YES
NO
Fr:f~City Manager
M:ICOUNCILIRESOLUTllAdmin\2007107-178 Five Hawks Easement 101507,OOC