HomeMy WebLinkAbout5.B.1. Conservation Easement Amendment-2389 Wildwood Dr
CITY OF SHAKOPEE
MEMORANDUM
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CONSEf~T
From:
Mayor and City Council, Pamela Punt, Council-Elect
Mark McNeill, City Administrator
Jamie Polley, Park, Recreation and Natural Resources Director~
To:
Subject:
Conservation Easement Amendment-2389 Wildwood Dr
Meeting Date:
December 1, 2009
INTRODUCTION:
The City Council is asked to approve an amendment to the Conservation Easement over
2389 Wildwood Dr.
BACKGROUND:
On May 2,2006 the City Council approved Resolution No. 6417, a Resolution
Implementing a Program to Mark Boundaries of Park, Open Space and Conservation
Easements. On September 16, 2008 the City Council approved Resolution No. 6806, a
Resolution of the City of Shakopee adopting the Process to Remove Park, Open Space
and Conservation Easement Encroachments. Staff completed marking the boundaries of
all conservation easements, park land and open space and has been completing the
process to correcting the encroachments. The encroachment found at 2389 Wildwood Dr
was a landscaped fire pit.
The property owner of2389 Wildwood Dr addressed the EAC on June 10,2009. City
staff initially visited the site on May 28,2009. Using a GPS unit, it was determined that
the easement line did cross into the landscaped area on the east side of the fire pit, 1 foot
from the fire pit and 7 feet from the edge of the stone landscaped area (Attachment A).
The fire pit is on the west side of the property. On the east side of the property is a
wooded area outside of the Conservation Easement that is untouched.
DISCUSSION
The EAC discussed the encroachment and the Conservation Easement at length. The
property in question was one of the first homes built in the development and the
Conservation Easement posts were not installed immediately. In addition, a Conservation
Easement is placed over the homeowner's property and remains the property owner's
land. The EAC reviewed the property and directed staff to determine if an amendment to
the Conservation Easement was possible. The EAC felt that the encroached area should
be removed from the Conservation Easement and the untouched wooded area should be
added to the Conservation Easement. After review by the City Attorney it was found that
the Conservation Easement could be amended with a new legal description. The property
owner agreed to pay for a land surveyor to survey the two areas and develop a legal
description for each. The amended conservation Easement is Attachment B.
Resolution No. 6806 gives the EAC and the PRAB authority to determine if an
encroachment is allowed to remain or be removed. The resolution however does not give
them the authority to enter into a contract or legal document. The EAC is therefore
recommending to the City Council the approval of an amendment to the Conservation
Easement over 2389 Wildwood Dr which is trading encroached land for natural wooded
land. Upon approval ofthe amended Conservation Easement the amendment will be
officially recorded with Scott County.
RELATIONSHIP TO CITY VISION
B. High Quality of Life
REQUESTED ACTION:
The City Council, if concur, approve the amendment to the Conservation Easement over
2389 Wildwood Dr.
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ATTACHMENT B
AMENDMENT TO CONSERVATION EASEMENT
This Amendment to Conservation Easement (the "Amendment") is entered into this
day of , 2009, by and between Rick A. Zabel and Kristine H. Zabel, husband and
wife (the "Zabels") and the City of Shakopee, a municipal corporation under the laws of Minnesota
(the "City").
RECIT ALS
WHEREAS, Tollefson Development, Inc., as Grantor ("Tollefson") and the City, as
Grantee, entered into a Conservation Easement dated October 8, 2003, that was filed in the office of
the County Recorder, Scott County, Minnesota, as Document No. A 635616 (the "Conservation
Easement"); and
WHEREAS, Tollefson granted the City a conservation easement over several lots in the
plat of Whispering Oaks, including that portion of Lot 5, Block 2 described as follows:
That part of Lot 5, Block 2, WHISPERING OAKS according to plat on file and of record
in the Office of the County Recorder, Scott County, Minnesota, described as follows:
Commencing at the intersection of a line 30.00 feet northerly of and parallel to the southerly
line of Lot 7 with the east line of said Block 2, thence on an assumed bearing of North 00
degrees 02 minutes 05 seconds West, along said east line, a distance of 552.63 feet; thence
South 72 degrees 02 minutes 04 seconds West, a distance of 132.09 feet; thence South 06
degrees 33 minutes 47 seconds West, a distance of 224.20 feet to the north line of said Lot
5; thence South 08 degrees 22 minutes 26 seconds West, a distance of9.15 feet to the point
of beginning; thence continuing South 08 degrees 22 minutes 26 seconds West, a distance
of 70.34 feet; thence North 49 degrees 08 minutes 41 seconds East, a distance of 3.54 feet;
thence North 22 degrees 21 minutes 21 seconds East, a distance of 9.50 feet; thence North
13 degrees 28 minutes 08 seconds East, a distance of7.81 feet; thence North 38 degrees 12
minutes 05 seconds East, a distance of 19.74 feet; thence North 22 degrees 57 minutes 40
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seconds East, a distance of 11.68 feet; thence North 02 degrees 29 minutes 21 seconds East,
a distance of 11.44 feet; thence North 14 degrees 46 minutes 29 seconds West, a distance of
4.63 feet; thence North 44 degrees 02 minutes 43 seconds West, a distance of 9.54 feet;
thence North 75 degrees 36 minutes 42 seconds West, a distance of7.55 feet to said point of
beginning and there terminating.
("Easement Area"); and
WHEREAS, the Zabels, as successors in interest to Tollefson under the Conservation
Easement, are the fee owners of Lot 5, Block 2, Whispering Oaks ("Zabel Property") which
includes the Easement Area; and
WHEREAS, the City remains the Grantee under the Conservation Easement with respect
to the Easement Area; and
WHEREAS, the Zabels have installed a fire pit and landscaping that encroaches into the
Easement Area; and
WHEREAS, the Zabels have requested and the City has agreed to change the legal
description of the Easement Area on the Zabel Property so that it no longer includes the fire pit
area, but instead includes another area on the Zabel Property that has remained natural; and
NOW, THEREFORE, the City and the Zabels hereby amend the Conservation Easement
regarding the Zabel Property as follows:
1. The Easement Area described in Exhibit B is changed with respect to Lot 5, Block
2, Whispering Oaks to be as follows:
That part of Lot 5, Block 2, WHISPERING OAKS according to plat on file and of
record in the Office of the County Recorder, Scott County, Minnesota, described
as follows:
Commencing at the intersection of a line 30.00 feet northerly of and parallel to the
southerly line of Lot 7 with the east line of said Block 2, thence on an assumed
bearing of North 00 degrees 02 minutes 05 seconds West, along said east line, a
distance of 552.63 feet; thence South 72 degrees 02 minutes 04 seconds West, a
distance of 132.09 feet; thence South 06 degrees 33 minutes 47 seconds West, a
distance of 224.20 feet to the north line of said Lot 5; thence South 08 degrees 22
minutes 26 seconds West, a distance of 79.50 feet to the point of beginning;
thence continuing South 08 degrees 22 minutes 26 seconds West, a distance of
32.75 feet to the south line of said Lot 5; thence North 75 degrees 10 minutes 36
seconds West, along said south line, a distance of 21.58 feet; thence North 28
degrees 57 minutes 11 seconds East, a distance of 10.33 feet; thence North 49
degrees 08 minutes 41 seconds East, a distance of 27.27 feet to said point of
2
beginning and there terminating.
2. Except as specifically provided herein, the Conservation Easement terms and
conditions shall remain unchanged and in full force. The easement areas with
respect to all of the other lots that are subject to the Conservation Easement shall
remain unchanged.
IN WITNESS WHEREOF, the above-named parties executed the foregoing instrument
on the day and year first above written.
OWNERS
By:
Rick A. Zabel
By:
Kristine H. Zabel
STATE OF MINNESOTA )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
,2009, by Rick A. Zabel and Kristine H. Zabel, husband and wife.
Notary Public
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CITY OF SHAKOPEE
By:
John Schmitt
Its: Mayor
By:
Mark McNeill
Its: City Administrator
By:
Judith S. Cox
Its: City Administrator
STATE OF MINNESOTA )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
, 2009, by John Schmitt, Mark McNeill and Judith S. Cox, the Mayor, City
Administrator and City Clerk, respectively, of the City of Shakopee, a Minnesota municipal
corporation on behalf of the municipal corporation.
Notary Public
This document drafted by:
KENNEDY & GRAVEN, CHARTERED
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
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