CR 07-15 Surplus Property-Former Surge PropertyG,TY OF
January 31, 2007 H O P K I N S Council Report 07-15
SURPLUS PROPERTY -FORMER SURGE PROPERTY
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 07-10, declaring Lots
1 _and 2, Block 1 East Hopkins Addition real estate owned by the Cit,, o~pkins as surplus
property and ordering and authorizing the sale thereof.
Overview.
The Excelsior Boulevard reconstruction between Highway 169 and Blake Road was finished
in 2005. Excelsior Boulevard was upgraded, and this upgrading process moved the road to
the south. Hennepin County purchased the properties on the south side of Excelsior
Boulevard and created a landscaped buffer between the road and the abutting residential
neighborhood.
The former Surge property was one of the parcels purchased by the County. The only part of
the property purchased by the County south of the east-west alley was property formerly
owned by Surge. The County transferred the property south of the east-west alley to the
City. Last year the east-west alley was vacated to add to the new lots. The property is being
replatted and rezoned to allow for two single family homes to be constructed on the two lots.
The City Council has to declare the property as surplus to sell it.
Primary Issues to Consider.
• What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
• What does the R-1-A zoning allow?
• Should the lots be declared surplus property?
• What are the main points of the Restrictive Covenants?
Suuportin~ Documents.
• Analysis of Issues
• Plat
• Restrictive Covenants
• Resolution 07-10
Nanc .Anderson, AICP
Planner
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CR07-15
Page 2
Primary Issues to Consider.
What is the zoning of the property, and how has the Comprehensive Plan designated
the subject site?
The Comprehensive Plan has designated the site as Low Density Residential. The site is
being rezoned to R-1-A.
What does the R-1-A zoning allow?
The R-1-A zoning allows single and two-family homes. The new lots are approximately
6500 square feet. Atwo-family home requires a lot of 7000 square feet. The only use for
these lots will be a single family home.
Should the lots be declared surplus property?
The City does not have a use for these lots. The intention when Excelsior Boulevard was
improved was to rezone this property for the construction of two single family homes. There
are restrictions that staff is recommending to be placed on the lots for the buyer when the
property is sold.
What are the main points of the Restrictive Covenants?
The main points of the Restrictive Covenants are that the property has to be used for two
single family homes and that the lots can not be combined.
Alternatives.
1. Approve the property as surplus property. By approving the property as surplus, the
property can be sold.
2. Do not declare the property as surplus property. By not declaring the property as surplus,
the City will continue to own the property. If the City Council considers this alternative,
findings will have to be identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
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DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION is made , 20_, by the City of
Hopkins, a Municipal Corporation under the laws of the State of Minnesota, ("Declarant"),
regarding the following facts and circumstances:
1. Declarant is the fee owner of real property located in the City of Hopkins, County of
Hennepin, State of Minnesota, legally described as follows:
Lots 1 and 2, Block 1, East Hopkins Addition, according to the recorded plat
thereof.
Said lots are herein referred to singly as a "Lot" and collectively as the "Lots."
Declarant is also the fee owner of real property located in the City of Hopkins, County of
Hennepin, State of Minnesota, legally described as follows:
Outlot A, East Hopkins Addition, according to the recorded plat thereof.
Said outlot is herein referred to as "Outlot A."
2. Declarant seeks to establish restrictions on the use of the Lots and Outlot A.
NOW, THEREFORE, in consideration of the foregoing Recitals and the terms,
covenants and conditions of this Declaration, Declarant declares that the Lots and Outlot A shall
be held, transferred, sold, conveyed and occupied subject to the following restrictive covenants
which are for the sole benefit of the Declarant:
Section 1. The Lots -Use Restrictions:
A. The Lots shall be used only for single family residential purposes and uses
incident thereto.
B. No dwelling unit, building or structure shall be erected or placed on any Lot
except one detached single family residence which shall include either an attached
or detatched garage designed to accommodate a minimum of two, but not more
than three, automobiles plus reasonable storage space and lawful accessory
structures.
C. No building or structure on any Lot shall exceed two stories in height as measured
from grade.
D. All buildings or structures must conform to all applicable codes and ordinances
and all other provisions of this Declaration.
E. All buildings or structures must have a minimum 8 foot setback from all side lot
lines. Sideyard setbacks of less than 8 feet are prohibited.
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F. No "zero lot line" dwellings shall be constructed on either Lot, as the term is
defined in Hopkins Ordinance 515.07, subd. 61, and used in Hopkins Ordinance
530.04.
G. Use as a school, as presently defined in Hopkins Ordinance 515.07, subd. 162, is
prohibited.
H. Each separate Lot shall at all times be owned, held and transferred as a separate
and distinct Lot and shall at no time be combined with the adjoining Lot into a
single taxable parcel or property identification number for real estate tax
purposes.
I. No building or dwelling located on the Lots shall be rented or leased, in whole or
in part, prior to January 1, 2010.
Section 2. Outlot A -Use Restriction:
A. No right of access, ingress, or egress from either Lot to C.S.A.H. 3 (also known as
Excelsior Boulevard) shall be granted over Outlot A, and no driveway, curb cut,
or other improvement shall be constructed on Outlot A to facilitate access,
ingress, or egress from C.S.A.H. 3 to either Lot.
Section 3. Miscellaneous Provisions:
A. These restrictions apply to and bind each owner of any part of the Lots or Outlot
A and their respective successors and assigns. These restrictions run with the title
to the Lots and Outlot A and operate as a covenant passing with the title to the
Lots and Outlot A and any part of them. The restrictions are imposed upon the
Lots and Outlot A as a servitude in favor of the Declarant only for its benefit.
B. Each of the restrictions contained in this Declaration will continue for a period of
thirty years from the date of filing for record, and will be automatically extended
in their entirety for successive periods often years, unless the Declarant, or its
successors or assigns, executes an appropriate written instrument terminating the
restrictions, or any part of them.
C. The restrictions contained in this Declaration are enforceable by the Declarant and
its assigns, by any appropriate legal remedy. A person violating any of the
restrictions will be liable to the Declarant for all costs and attorneys' fees which
they incur in successfully enforcing the restrictions.
D. Invalidation of any of the terms of this Declaration will in no way affect any of
the other terms, each of which will remain in effect.
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E. This Declaration may be enforced by an action in law or in equity, and equitable
remedies, including injunctive relief, shall be available to enforce obligations and
restrictions under this Declaration.
IN WITNESS WHEREOF, the Declarant has executed this Declaration on the date
written above.
THE CITY OF HOPKINS
By:
Its:
By:
Its:
STATE OF MINNESOTA
SS
C LINTY OF HENNEPIN
The foregoing instrument was acknowledged before me on , by
and
the Mayor and City Manager of the City of
Hopkins, a Municipal Corporation under the laws of the State of Minnesota, on behalf of the
municipal corporation.
Notary Public
THIS DOCUMENT DRAFTED BY:
Steiner and Curtiss, ~A
1011 First St. So. #400
Hopkins, MN 55343
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION N0.07-10
A RESOLUTION DECLARING CERTAIN REAL
ESTATE OWNED BY THE CITY OF HOPKINS AS SURPLUS
PROPERTY AND ORDERING AND AUTHORIZING THE
SALE THEREOF.
WHEREAS, the City of Hopkins is the present owner of the following
described premises situated in the City of Hopkins, viz:
Lots 1 and 2, Block 1, East Hopkins Addition
WHEREAS, said property is no longer necessary for any public purpose.
NOW, THEREFORE, it is hereby resolved by the City Council of the
City of Hopkins, as follows:
1. That the above described premises be and the same are hereby defined and
declared to be surplus property no longer necessary for the City, or public use.
Adopted by the City Council of the City of Hopkins this 6th day of February.
By
Gene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk