1e Land Donation Zwiers
CITY OF
CHANHASSEN
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C'larllusser, WI 553 Î7
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.1
MEMORANDUM
TO:
Paul Oehme, City Engineer/Director of Public Works ..-? 'ì
/~/, l
Matt Saam, Assistant City Engineer v~'f? I
(Î~I
FROM:
DATE:
October 28, 2004
SUBJ:
Donation of Land From Thomas & Beatrice Zwiers
Project No. 04-13 (Two-Thirds Majority Vote Required)
In conjunction with the platting of Settlers West, a condition was placed in the
Development Contract which required a conservation easement to be placed over
the perimeter bluffs within Outlot G of the plat. Staff's reasoning for requiring the
conservation easement was to protect the bluff area from future development and
degradation. While staff always requires easements over such environmental
features as bluffs or wetlands, developers sometimes choose to enclose the
bluff/wetland in an outlot and deed the property to the City. Staff typically has no
objection to this since it gi ves the City ultimate control and protection of the
bluff/wetland.
In this case, the Zwiers, who are the underlying property owners of the Settlers
West plat, have decided to deed Outlot G to the City. For tax purposes, however,
the land donation must be accepted by Council resolution. The city attorney's
office has drafted the attached resolution and reviewed the title information for
the property. Staff is recommending acceptance of the donated land.
Jms
Attachment: Resolution
c:
Brian Wizeberg, Siegel Brill
Dan Herbst, Pemtom
Bob Generous, Senior Planner
g:lenglprojcctslscttlers westlzwiers land donation.doc
The City of Chanhassen · A grDWII!g COnllTlUlr!ly Wlli! elcalllakes. Qualily seilDols. d
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
Date
Resolution
Motion By
Seconded By
RESOLUTION ACCEPTING DONATION OF CERTAIN REAL
PROPERTY FROM THOMAS W. ZWIERS alk/a THOMAS ZWIERS AND
BEA TRICE I. ZWIERS alk/a BEATRICE ZWIERS, JOINT TENANTS
WHEREAS, Thomas W. Zwiers alkla Thomas Zwiers and Beatrice 1. Zwiers alkla Beatrice
Zwiers, joint tenants ("Zwiers") offered to donate to the City of Chanhassen the real property
situated in Carver County, Minnesota, legally described as follows:
Outlot G, SETTLERS WEST, Carver County, Minnesota
(the "Subject Property"); and
WHEREAS, Zwiers have executed the deed for the conveyance of the Subject Property to
the City, and the deed will be recorded upon adoption of this Resolution; and
WHEREAS, the proposed acquisition of the Subject Property has no relationship to the
City's Comprehensive Plan; and
WHEREAS, pursuant to Minnesota Statutes Section 465.03, acceptance of a donation of
real property must be by resolution of the City Council adopted by a two-thirds majority.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chanhassen, Minnesota:
1. The City Council hereby accepts the donation of the Subject Property by Thomas W.
Zwiers alkla Thomas Zwiers and Beatrice 1. Zwiers alkla Beatrice Zwiers, joint
tenants.
2. Pursuant to Minn. Stat. § 462.356, subdivision 2, the Council finds that the proposed
acquisition of the Subject Property has no relationship to the City's comprehensive
plan.
3. The Mayor and City Manager are authorized to execute any documents which, in the
opinion of the City Attorney, are necessary to effectuate this transaction. The City
Manager is specifically designated as the person who can sign IRS Form 8283.
114670vOl 1
RNK: 10/13/2004
ADOPTED this
Chanhassen, Minnesota.
ATTEST:
day of
Todd Gerhardt, ClerklManager
114670vOI
RNK: 10/13/2004
, 2004, by the City Council of the City of
Thomas A. Furlong, Mayor
2