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Hiawatha Oaks Dedication CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 05- A RESOLUTION ACKNOWLEDGING PAYMENT OF SPECIAL ASSESSMENT BY THE MINNEHAHA OAKS ASSOCIATION AND THE DEDICATION OF "HIAWATHA OAKS" FOR PARK PURPOSES WHEREAS, in 1992, the City acquired approximately 1.54 acres ofland in the southwest comer of Hiawatha A venue and Cambridge Street for park purposes and has named such park land "Hiawatha Oaks"; and WHEREAS, pursuant to a Loan Agreement, dated November 24, 1992, as amended by an Amendment to Loan Agreement, dated October 19, 1993, and a Special Assessment Agreement, dated April 15, 1992, the Minnehaha Oaks Association and certain of its members agreed to pay the City of Hopkins the sum of$185,000.00, $l75,000.00 of which was paid by means of special assessments, to reimburse the City for the costs incurred by the City in acquiring the Hiawatha Oaks property; and WHEREAS, when the Hiawatha Oaks property was acquired by the City in 1992, the City Council adopted Resolution No. 92-98, which stated: "That the (Hiawatha Oaks) land should be contained within (the City's) park system" and dedicated such land "for passive use thereby leaving it in its natural state."; and WHEREAS, Paragraph 4 of the Recitals in the November 24, 1992 Loan Agreement states the City and the Minnehaha Oaks Association "desired (the Hiawatha Oaks land) be preserved for passive park and nature area uses."; and WHEREAS, Paragraph 7 of the April 15, 1992 Special Assessment Agreement states: "7. It is the intent and aim of the City to maintain and enhance the (Hiawatha Oaks') property as a nature area and manage the site for passive use and enjoyment of the community with due regard for preservation of trees in a natural setting."; and WHEREAS, the Hopkins City Attorney has determined that a contract exists between the Minnehaha Oaks Association and the City of Hopkins that will prohibit the development of this property and require the City to maintain the "Hiawatha Oaks" property in its present and future state as a park and open space; and WHEREAS, the City of Hopkins Comprehensive Plan designates this area as a park; and 1 WHEREAS, the $175,000.00 special assessment levied by the City to recover costs incurred in acquiring the Hiawatha Oaks property has now been paid in full; and WHEREAS, the City Council of the City of Hopkins wishes to acknowledge and recognize the payment of such special assessment, the contributions made by the Minnehaha Oaks Association, the property owners whose properties were assessed, and the members of the general public; and WHEREAS, the City Council of the City of Hopkins wishes to restate the purposes for which the Hiawatha Oaks property was acquired; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins that the City of Hopkins does hereby recognize and acknowledge the significant contributions of both time, effort and money by the Minnehaha Oaks Association, those who contributed to the Association, and those homeowners whose properties were assessed for the special assessment levied to pay the City the costs incurred in acquiring the Hiawatha Oaks property. BE IT FURTHER RESOLVED, that the City Council of the City of Hopkins restates and reaffirms the purposes for which the Hiawatha Oaks property was acquired, namely, to be included as part ofthe City's park system and dedicated for passive use by leaving such property in its natural state. BE IT FURTHER RESOLVED, that the City Council of the City of Hopkins in recognition of the above status formerly .dedicates this property as the Hiawatha Oaks Preserve. Adopted by the City Council ofthe City of Hopkins this _ day of January 2005. Eugene 1. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk 2