2e. Red Cedar Point: Assessment Waiver for Minnewashta Parkway Assessment.r
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CITY OF a ` ,
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Charles Folch, Director of Public Works
DATE: January 2, 1996
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SUBJ: Approve Assessment Waiver for Minnewashta Parkway Assessment to Lot 10, y Da: Stvd to Ccurcil
Block 2, Red Cedar Point, Lake Minnewashta, PID No. 25- 6600162
Project No. 90 -15
I am sure the Council will recall that the assessment hearing for the Minnewashta Parkway Road Improvement
Project No. 90 -15 was held and approved during the fall of�994. During public discussion at the assessment
hearing a couple of property owners who owned vacant loffthin the Red Cedar Point subdivision contended that
their property could not be built upon and therefore should nb an assessment. Staff recommended and
Council agreed that, if a property owner wanted to place vacant lot under a blanket "conservation easement"
guaranteeing that the property would never be built upon; the assessment would be waived accordingly.
Staff has recently been informed that one of the vacant lots in the`
Cedar Point Lake Minnewashta) has gone tax forfeited. An adjac
this tax forfeited lot through a Carver County sa16 a"` be new own
the property but preserve it for natural open space:` However, she
($760) as a part of the acquisition of the property. Ms. Smith has
easement in favor of the City guaranteeing, that the property will r
the assessment amount which was paid �at the time of the sale be r
Carver County easement recording feeesmnated at $30.
Since the City Council has ,pp
dispute as to whether oz�not a
since the new property ow, ner
therefore recomme°, lratl
Lake Minnewashta, PIlo
15 in the amount of $760 less
jms/ktm
I Cedar Point area (Lot 10, Block 2, Red
property owner has subsequently acquired
Ws. Pamela Smith, does not intend to build on
required to pay the full levied assessment
`eed to place the entire lot into a conservation
r be built upon. As such, she is asking that
Add to her. This amounts to $760 less a
approved the conservation easemer f procedure as a method of resolving a
uldable associated with the M nnewashta Parkway Project No. 90 -15, and
With "`has signed a conservation easement over the referenced property, it is
. ount iI "waive ttie special assessirienio LoE 1I1 Block 2,�Red Cedar Point
162 associated with the Minnewashta Parkway Improveiriit Project No. 90-
ver County easement recording fee. "" "
Attachment: 1. Location Map.
g
2. Conservation Easement
' c: Dave Hempel, Assistant City Engineer
Betty Eidam, Account Clerk
Pamela Smith, 3720 Red Cedar Point Drive, Excelsior, MN 55331
' g:\eng \waiver
MEMORANDUM
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CONSERVATION EASEMENT
' INSTRUMENT made this 9 11L day of 199 -L, by and
between PAMELA A. SMITH, hereinafter referred to as "Grantor ", and
the CITY OF CHANHASSEN, a Minnesota municipal corporation
' ("City").
WITNESSETH:
The Grantor, in consideration of good and valuable
consideration paid by the City, the receipt and sufficiency of
' which is hereby acknowledged, grants unto the City a permanent
conservation easement as that term is defined in this instrument,
over, under, and across the premises legally described as follows:
' (PID.25- 6600162)
Lot Ten (10), Block Two (2), RED CEDAR POINT, LAKE
' MINNEWASHTA, according to the recorded plat thereof, on
file and of record in the office of the County
Recorder, Carver County, Minnesota.
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1. Grantor, for herself, her
heirs,
successors, and
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assigns, agrees that the following are prohibited
in perpetuity on
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the subject property:
chemical.
E. Application of chemicals for the destruction or
A. Constructing, installing,
or maintaining anything
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made by man, including but not
structures, walkways, clothes line
limited
poles,
to buildings,
and playground
equipment.
'
H. Outside storage of any kind.
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B. Cutting, removing, or altering trees or other
vegetation.
'
C. Excavation or filling.
D. Application of fertilizers, whether natural or
'
chemical.
E. Application of chemicals for the destruction or
retardation of vegetation.
F. The deposit of waste or debris.
'
G. The application of herbicides, pesticides, and
insecticides.
'
H. Outside storage of any kind.
I. Activity detrimental to the preservation of the
scenic beauty, vegetation, and wildlife.
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2. Grantor, for herself, her heirs, successors, and
assigns, further grants the City the affirmative right, but not
the obligation to do the following on the subject.property:
A. Preserve, improve, and enhance the slope, trees,
vegetation, and natural habitat.
B. Alter, clear, and remove trees or other
vegetation.
C. Change the contour of the land.
D. Plant trees or other vegetation.
E. Enter upon the subject property at any time to
enforce compliance with the terms of this instrument.
F. Allow limited public access to observe nature and
wildlife so long as such activity does not unduly disturb the
privacy of the underlying fee owner and is consistent with
the purpose of the easement.
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I (SEAL)
STATE OF MINNESOTA
Don Ashworth, City Manager
t ss.
COUNTY OF (',f RqE R )
The foregoing instrument was acknowledged before me this
day of - b, ct - ' rNk � er 19 by Pamela A. Smith.
NOT RY PUBLIC
a�eea
KIM T. MEUWISSEN
NOTARY PUBLIC - MINNESOTA
to ER COWT 31,2000
My Commission Expir
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
r,
The foregoing instrument was acknowledged before me this day of
19 , by Donald J. Chmiel, Mayor, and by Don
Ashworth, City Manager, of the City of Chanhassen, a Minnesota
municipal corporation, on behalf of the corporation and pursuant
to the authority granted by its City Council.
NOTARY PUBLIC
GRANTOR:
Pamela A. Smith
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor