CR 03-183 Trail and Drainage Easements - Blake Heights~;1TY OF
December 16, 2003 N ~ Council Repor# 2003-183
QPK1N~
. APPROVE TRAIL & DRAINAGE
EASEMENTS, BLAKE HEIGHTS (EDINA)
Proposed Action.
Staff recommends the following motion: "Move that Council approve the trail easement and drainaae
easement aver the city owned property related to the Blake Heights development in Edina and
authorize the Mayor and City Manager to sign said easements "
Overview,
The City of Edina approved the preliminary plat far Blake Heights which is located south of Blake
School on the Edina 1 Hopkins Border. The City of Hopkins owns a strip of land along the north line
of this development. The city of Hopkins currently maintains a trail on this strip of land and as part of
the development and at the request of Edina staff a bituminous trail connection is proposed between
the existing trail and the proposed cul-de-sac. The street drainage from this development is directed
across part of the property the City of Hopkins owns to an Edina storm sewer inlet, which then
conveys this drainage south through the Edina storm sewer system. The proposed drainage pattern
matches very closely the existing drainage. The proposed storm sewer does not cross on to the
Hopkins property. Hopkins Engineering staff was asked to comment on the development plan, and
requested that the developer provide the City of Hopkins Drainage and Trail easements that provide
for maintenance of these improvement by the City of Edina.
Staff is recommending approval of the Drainage and Trail easements.
Supporting Information
^ Council Minutes, Edina City Council meeting November 3, 2003
^ Location Map
^ Trail Easement
^ Drainage Easement
v~
Joh .Anderson
Assistant City Engineer
•
Financial Impact: NIA Budgeted: YIN Source:
Related Documents {CIF, ERP, etc.):
Notes:
Council Report 2003-183
Page 2
t~City Council Minutes, Edina City Council Meetting November 3 2003
Council Minutes:
RESOLUTION NO. 2003-76 APPROVING PRELIMINARY PLAT FOR BLAKE HEIGHTS -
TC BUILDERS, INC. (GRIFFIT STREETIARTHUR STREET) Affidavits of Notice
were presented, approved and ordered placed on file.
Presentation by Planner
Planner Larsen explained the subject property was located north of Belmore Lane, west of Griffit Street and
east of the unimproved section of Arthur Street extended. He noted the Council had approved the same
preliminary plat for Blake Heights in 2002 far a five lot subdivision. However, the applicant, Eric Lind and TIC
Builders, did not present a final plat for approval within the required one-year period. As a result, the
proposed plat needed to be reheard by the Planning Commission and the Council. Mr. Larsen said the
proposed plat was unchanged from the plat approved in 2002. Lind and TIC Builders plan to combine the
more than four platted lots and a portion of unimproved Spruce Road and replat the property with five single-
dwelling lots. The
existing house and detached garages on the property would be razed to accommodate the new houses. The
Planning Commission considered this proposal at their recent meeting and approved preliminary plat
approval
subject to final plat approval, subdivision dedication, and an executed developer's agreement with the
appropriate security.
Mr. Larsen noted that public improvements had been a concern in 2002 when the original preliminary plat
approval was granted. However, the developer wi11 pay far the cost of improvements and the necessary
sewerlwater improvements for the extension of Arthur Street.
Member Masica asked why the proponent took such a long time to seek final plat approval.
Mayor Maetzold recollected from 2002, conversations regarding a bike path.
Mr. Larsen said installation of an asphalt path would be a part of the development running north tv Hopkins
Presentation by Developer
Eric Lind, 8635 Glacier Lane, Maple Grove, explained that he was delinquent in requesting final plat approval
because of his ignorance of the one-year requirement. He explained that the project was placed on the back
burner while details of public improvements in the area were worked out and land negotiations with area
property owners explored.
Member Housh asked what types of homes were being planned far the area. Mr. Lind responded that one
home would be built as a model with the area planned far single-family homes. He stated his belief that
because of expressed interest in the heavily wooded area, he believes most of the homes will be pre-sold.
Member Hovland inquired whether concerns of the neighbors have been assuaged. Mr. Lind said
neighborhood meetings have been held as well as City staff has met with neighbors at the site and in the
office. He said the main concern was with the road extension and drainage. Member Hovland asked if the
plan was to pre-sell the lots with the cost of the sewerlwater improvements included in the purchase price.
Mr. Lind said funding was not an issue and that they are well capitalized. Member Hovland voiced concern
again that the Planning Commission and Council's time has been taken with re-hearing this proposal. Mr.
Lind apologized to the Planning Commission and the Council for this proposal not being brought to a
conclusion in a timely fashion.
Council Report 2003-183
Page 3
Resident Presentation
~i~Caren Lundholm, 309 Arthur Street, stated that her mother owns the three lots across from the proposed
development on Arthur Street. She said that, in her opinion, there should have been more discussions with
the
neighbors. Nothing has been improved on the land nor have taxes been paid. She noted the neighborhood
was confused with the notification process of the public meetings on the proposal. Ms. Lundholm stated her
mother has not signed off on the easement because there are questions about the cul-de-sac Ms. Lundholm
said her concerns were, 1) oak trees on the heavily wooded lot would be compromised with development, 2}
the three new homes wi11 create a density problem and, 3) predicted a watershed problem an Lot "1".
Mayor Maetzold indicated the Council had approved three lots with the idea that smaller houses would be
built in keeping with the rest of the neighborhood. He asked Ms. Lundholm what her preference would be.
Ms.
Lundholm commented the houses as proposed would range in the half-million dollar range and the cost in a
post WWII neighborhood was no# a good fit. She suggested forgetting about Arthur Street and putting
a cul-de-sac off Spruce Street, stating her preference for two large houses rather than three small houses
because of less traffic and density.
Mr. Lind said the {and with the vacation of Spruce was platted for three houses. He added he has met with
Ms. Lundholm and discussed the proposed development. The property involved had been acquired by
sealed bid.
Three bidders were involved, Blake School, Ms. Lundholm and Eric Lind with TIC Builders.
Mayor Maetzold inquired whether there were outstanding taxes on the property. Mr. Lind said he would
check with TIC Builders.
Andrew Berenberg, ROK Kosisto, 6110 Blue Circle Drive, Minnetonka, clarified there was one developer's
agreement and it would be handled with City staff. He explained that a cul-de-sac on Arthur Street was the
best option for, 1}snow removal, 2) fire protection, 3) garbage haulers, and 4) school buses. He reminded
the Council that what was happening with this proposal was that four and one half lots were being turned
into five lots, which was not increasing the density dramatically. Mr. Berenberg commented that ROK Kosisto
has put together a stormwater management plan that was approved by the watershed district
and by the City.
Karen Lundholm added 1) outstanding taxes on the subject property were a matter of public record, and 2)
there was a group of private investors that desired tv buy the property and maintain it as open space.
Member Hovland asked Ms. Lundholm about her comments in the Planning Commission minutes, ...."she
understands redevelopment will occur but wants assurances that the redevelopment of this land was
accomplished with good planning." Ms. Lundholm said she wants wise planning #hat was sensitive to the rest
of the neighborhood, was less dense and would leave the heavily wooded area as habitat for wildlife.
Mayor Maetzold inquired of Attorney Gilligan if a final plat can be recorded with outstanding taxes. Mr.
Gilligan said no.
Mr. Lind informed the Council that Blake School was considering this property for tennis courts which would
totally clear cut the property or additional bus transportation parking for the school. Mr. Lind noted that the
Blake School plan might not have me# City restrictions, admitked he let the purchase process with the
~Lundholms go on much too long, and apologized for the length of time to complete the process.
Member Masica inquired whether the roadway extension installation was fully funded by the developer. Mr.
Lind answered that the developer benefits by two lots and the Lundhalms will benefit by four lots with the
approval of the proposal. Member Masica asked if spec or custom homes would be built. Mr. Lind said one
Council Report 2003-183
Page 4
spec home would be built on Lot 1 on Griffit Street, and they fully expect the others to be pre-sold. Member
~asica asked if the lots were enlarged and the number decreased, what would the price of the homes need
to be to regain the investment. Mr. Lind said the homes would be bigger and cost approximately a million
dollars. Member Masica commented that million dollar homes would not fit the character and symmetry of
the neighborhood.
Member Hovland asked if the preliminary plat were approved when would the final plat be before the
Council. Mr. Lind responded at the next Council meeting, November 18, 2003.
Member Housh asked where was the language regarding the cul-de-sac is found in the agreement. Planner
Larsen said that would be wi#hin the developer's agreement.
Member Kelly asked how a 55-foot lot could be conforming. Mr, Larsen said the minimum lot width was 75
feet, but lots already platted at 50 feet or greater that have been owned independent of another lot that was
conforming, were buildable. Edina has numerous situations like this. Member Kelly did not believe the 5~-
foot lot to be conforming.
Member Hovland asked for clarification that the two-foot lot variance was not a concern with the platting of
the total plat. Mr. Larsen concurred. Member Hovland asked for confirmation that staff believed the proposed
lots conformed with the neighborhood. Mr. Larsen said that was staff's recommendation.
Mayor Maetzold inquired about the vacation of Spruce. Mr. Larsen said that has already taken place and
was contingent on the granting of final plat approval.
Member Hovland asked if a requirement could be made of the developer to be back for final plat approva{
~rvithin a defined time. Attorney Gilligan responded, no.
Mr. Larsen added the difference today from January 2002, was that the engineering on the property was
complete as well as the watershed has approved the plan.
Ms. Lundholm asked what the nature was of the security. Mr. Larsen said State Statute guided the security
requirement.
Member Housh made a motion closing the public hearing seconded by Member Kelly.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried.
Member Masica said this proposal has taken an inordinate amount of time and she did not know why it had
not gone forward in a timely manner.
Member Housh believed the proposal should go forward, after the year and a half delay.
Member Hovland commented #hat Mr. Lind has successfully raised the angst of the neighborhood and taken
an enormous amount of the Council's time. However, he said he voted for the project in 2002 and will again.
Mayor Maetzold indicated he still prefers the concept of the three lots on Griffit.
Member Housh introduced the following resolution and moved is approval:
RESOLUTION NO. 2003-76
.APPROVING BLAKE HEIGHTS
PRELIMINARY PLAT
Council Report 26[}3-183
Page 5
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled, "BLAKE
EIGHTS", platted by 71C Builders, Inc., and presented at the regular meeting of the City Council on
November 3, 2003, be and is hereby granted preliminary plat approval with three conditions: Final Plat
approval; Subdivision Dedication; and Developer's Agreement.
Passed and adopted by the Edina City Council this 3rd day ofi November,
2803.
Member Masica seconded the motion.
Rollcall:
Ayes: Housh, Hovland, Masica, Maetzold
Nays: Kelly
Motion carried.
•
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C]
EASEMENT FOR TRAIL PURPOSES
THIS INSTRUMENT, made this day of
2003, by and between the City of Hopkins, a municipal corporation organized under the
laws of the State of Minnesota, party of the first part, and the City of Edina, a municipal
corporation organized under the laws of the State of Minnesota, party of the second
part:
WITNESSETH, that the said party of the first part, in consideration of One
and No/100 Dollars ($1.00), to it in hand paid by the said party of the second part, the
receipt whereof is hereby acknowledged, does grant, bargain, sell, convey, and warrant
to said party of the second part an easement in perpetuity far public walkway purposes
in, under, and aver the following described property situate in the County of Hennepin
and State of Minnesota, to-wit:
A 10 foot perpe#ual easement for trail purposes over, under and across that part of
the Northeast Quarter of the Northeast Quarter of Section 30, Township '117, Range
27, the centerline of said easement is described as follows:
Beginning at the most northwesterly corner of Lot 5, Block 1, BLAKE HEIGHTS,
according to the recorded plat theraf, Hennepin Gounty, Minnesota; thence North
00 degrees 07 minutes 48 seconds West, along the northerly extension of the
most westerly line of said Lot 5, a distance of 44.00 feet and said line there
teminating.
For the purpose of this description the mast westerly line of said Lot 5 is
. assumed to bear South OU degrees 07 minutes 48 seconds East.
The sidelines of said easement to be prolonged or shortened to end at the north
line of said Lot 5 and its westerly extension.
Hopkins / Edina Trail Easement Page 1 of 3
Now therefore, until the parties hereto agree otherwise in writing, Edina
shall timely pay all costs of construction of the sidewalks including restoration of any
irrigation, sod or tree replacement that is disturbed in conjunction with said construction,
and from time to time constructed by Edina and maintain the sidewalks in good and
operating condition without cost to the property owner and shall hold the property owner
and its officials, officers, employees, agents, representatives and contractors harmless
from and indemnified against any loss, cost or damage or expense, including, without
limitation, reasonable attorney's fees whether suit be brought or not, due to any claim or
demand arising out of or claimed or alleged to afire out of, the negligence of Edina, its
employees officers, agents, representatives or contractors in so maintaining, or failing
to so maintain, the sidewalk.
All of the provisions hereof shall run with the land and shall extend to and
bind the heirs, successors, representatives, grantees or assigns of the respective
parties hereto.
IN WITNESS WHEREOF, the grantor has executed these presents this
day of , 2003.
•
C7
GRANTOR:
City of Hopkins
By
By
GRANTEE:
City of Edina
By
By
Its Mayor
Its City Manager
Its Mayor
Its City Manager
STATE OF MINNESOTA)
} SS
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this
2003, by
the
day of
and
and
respectively, of City of Hopkins, a municipal
corporation organized under the laws of the State of Minnesota on behalf of said
municipa! corporation.
Notary Public
(Notarial Seal)
STATE OF MINNESOTA )
} 5S
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2003, by and
the Mayor and the Manager respectively, of City of
Edina, a municipal corporation organized under the laws of the State of Minnesota on
behalf of said municipal corporation.
Notary Public
(Notaria! Seal)
This instrument was drafted by:
City of Edina
4$01 W_ 50th Street
Edina, MN 55424
Hopkins / Edina Trail Easement Page 3 of 3
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•
EASEMENT 1=0R DRAINAGE PURPOSES
THIS INSTRUMENT, made this day of
2003, by and between the City of Hopkins, a municipal corporation organized under the
laws of the State of Minnesota, party of the fiirst part, and the City of Edina, a municipal
. corporation organized under the laws of the State of Minnesota, party of the second
part:
WITNESSETH, that the said party of the first part, in consideration of One
and No1100 Dollars ($1.00), to it in hand paid by the said party of the second part, the
receipt whereof is hereby acknowledged, does grant, bargain, sell, convey, and warrant
to said party of the second part an easement in perpetuity for public walkway purposes
in, under, and over the following described property situate in the County of Hennepin
and State of Minnesota, to-wit:
An easement for drainage purposes over, under and across that part of the Northeast
Quarter of the Northeast Quarter of Section 30, Township 117, Range 21, lying 20.00
feet northerly of the following described line:
Commencing at the northwest corner of Lot 1, Block 1, BLAKE HEIGHTS,
according to the recorded plat therof, Hennepin County, Minnesota; thence
easterly along the north line of said Lot 1 and its extension, a distance of 233 feet,
and said line there terminating.
O Now therefore, anti! the parties hereto agree otherwise in writing, Edina shall timely pay
all costs of construction of the drainage system including restoration of any sod that is
disturbed in conjunction with said construction, and from time to time constructed by
Hopkins / Edina Drainge Easement Page 1 of 3
Edina and maintain the drainage system in good and operating condition without cost to
• the property owner and shall hold the property owner and its officials, officers,
employees, agents, representatives and contractors harmless from and indemnified
against any loss, cost or damage or expense, including, without limitation, reasonable
attorney's fees whether suit be brought or not, due to any claim or demand arising out
of or claimed ar alleged to arise out of, the negligence of Edina, its employees, officers,
agents, representatives or contractors in so maintaining, or failing to so maintain, the
drainage system.
All of the provisions hereof shall run with the land and shall extend to and
bind the heirs, successors, representatives, grantees or assigns of the respective
parties hereto.
IN WITNESS WHEREOF, the grantor has executed these presents this
day of , 203.
l~
U
GRANTOR:
City of Hopkins
By
gy
GRANTEE:
City of Edina
By
By
Its Mayor
Its City Manager
Its Mayor
Its City Manager
•
STATE OF MINNESOTA)
SS
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
20Q3, by and
the _ and
respectively, of City of Hopkins, a municipal
corporation organized under the laws of the State of Minnesota on behalf of said
municipal corporation.
Notary Public
(Notarial Seal)
STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2QQ3, by and
the Mayar and the Manager respectively, of City of
Edina, a municipal corporation organized under the laws of the State of Minnesota on
behalf of said municipal corparation.
Notary Public
(Notarial Seai)
This instrument was drafted by:
• City of Edina
4801 W. 50th Street
Edina, MN 55424
Hopkins 1 Edina Drainge Easement Page 3 of 3
•
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