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HomeMy WebLinkAbout9.h. Elementary School / Park Update - Approval of Dedication Agreement ... � • � °°�-` E>t� t3��x �,�i� � �I�t (,r z$�s-�asrti sr w � � � ��`� /�y �y,� �/1�g p05EMOk.lFdT. �,1lNNES�TA 55(}Fi8 ,, �,11c��Ii'!-�.�v[/[�� 612-4234�It Agenda I t�rn 9h TO: Mayor, City Coancil, City, Administrator FRtJM; Dean Jbhnson, nir�ctor of Comrnanity I3evelopment DhT�: February 3, 1989 SUBJ. February 7, 19$9 Regular Meeting - Agenda Item 9h. 9h. �IementarY School/Park I!n�ate Staff have been meeting wi[h schoot district represenCatives on a twice weekly basis far; over a nionth nc�w tc� iceep the combined elemenEary schoolleiEy ptrrk eom��ex on target. We have' successfutly ne�otiated a "pre-sabdivision" park dedication agreem�nt with thc Ketley Estate for 20 acres of park land. A portion af the acrea�e will be utitizec� far j�int city/schooi use. The City will be "compensated" by the school district in the form af schaol devetopmenE doilars being uiilized for parl: im�rovements. Ia additic�n to the 2�-acre dedicati�n, the schc�Ul distcict is acquiring ten aeres from the Kelley Estate. Atiached is a time line ch.�rt f�r the eleme�tary school prajeet. Bids fc�r site grading, including a� al[ernaee bid for grading on the City property are to be received on February 27, 19f�9. As yau can see, the need for cantral af the pro�er[y is imminent. We �voutct ask ap�roval of the pre-dedication agreement, with Ehe changes nated �n page three, and authorize the necessary signatures thereon. t � � _ • PARR DLDICATION RSSOLUTiUN , 1989, bY �ay of __._..----- This agreement made this �.._-- nthi� Kelley �' Nei].1 James E. Ke11ey as Trustee of the CY ai;d between of the Margaret H• t No. 1, and 3ames E. Ke11ey as Trustee 1954 Trus Inc. , and 5uccessor elle 1�53 Trust for the Hamm Foundation, � Trusts" and the K Y The Beneficiaries, 2�erei�after referred to ' as }1e�einafter unt a Minnesota municipal carporation, City af Ros�ma r referred to as the "City"• 5�7 .01 contic�uous acres of EREAS, The Trusts own appraximately reement WH ect c,f this a9 e City of Rosemount which is the sub7 contiguous ].anc� land i� �h acres ot „ pro�erty") � and an additional 94.36 ( Relley in the City of ApPle Val.ley; an� o the City Code and ordinar�cesr up°n WHER�AS r pur suant t �he City► the City may t and subdivision of propert� within developmen ur ases; an� re uire land dedication far �ark P p rededication of land in 9 WHEREAS, the City desires to receive a P ' cation requirements cQn�ernin� �h� the park cledi satisfaction of recledication. the Trusts have aqreed to conveY a P Property and oing �a��5' th� Kel l ey the f or e9 NOW, THEREFORE, in cansideratian of par ties he�eto agree as fQllows: the City requires that the present Rosemount City Cod�, -- 1. Under of th�: proposed land equal to fc�ur p�rcent {4�) �n amount �f develo�ent area be o able resiciential units within the �al dedicatior► to b� clevel p Ch to dedicated �o the City for p ark puxposes. Su t�a s ec1 0� a farmul.a desi�ned �s fa114w�� . : � • X = total acreage Y = number of units per acre Z = required park dedication X x Y x .04 = Z 2 . That based an the appraximate 547 .O1 acres, the park c]edication requirement far the "Kelley Property" based an an assumption �f two units per acre would be as follows: II 547 .01 x 2 x .04 = 43 .76 aeres � . That in par�ial satisfactian af its park cledication requirements under the City Code, The Trus�s da hereby agree and the City does hereby accept the dedication of 2� acres of 1a»d as more fuliy described on Ext�ibit pA" attached hereto which land shall be c�eeded by Tl�e Trusts to the City pursuant to the Warranty Deed attached trereto as �xhibit pB", It is understood by the parties hereto, that each of the components af the formu2a as nated abave in paragraph 1 is � variab2e and that as each �hase of develo�xnent is presented to the City, �he required dedicated park area shall be calculated by the Ci�y pursuant to its Code and ordinanees then in effect. The actual amount o� �;ark land requirement shall be offset by the 20 acres deciicated �ierein until such time as the actual required park dedication exceeds the initial dedicated 20 acxes as noted herein, at which time the Ci.ty :.�hall, rec�c�ice �i�ci the dcvelc��r nnd/Qr it� �ucces�or� �nd assiyns shali make further park dedications to the City, pursuant to �he City Cocie and ordinances then in effect. The City of Ros�maunt agrees that as and for additional consideration for the prededicatior� of the ZO acres of land, the City -2_ . � � agrees to immediately �-�rdevelop the 20 acres of land ����}�,. as a park with a comple�ion date concurrent with adjacent elementary schoo]. of August 1990� or etS �y� -f�,�.re�.��e+� cc5 i� 'ItiS�a�,i� rid�C.'�~Cv4�. � � � IN WITNESS WHEREOF, the parties have hereunto set their hands this day of January, 1989. CITY OF RC?SEMOUNT a Minnesata munic3�s2 corporatian By: Rollan Hoke Tts: By: Stephen �ilk � . Tts : Clerk JAMES E. KELLEY A3 T�USTEE OF THE CYNTHSA KELLEY C?'NEILL 1954 TRUST N�. 1; and JAMES E. KEI,LEY AS TRUSTEE �F mHE MARGARET H. KELLEY I953 TRUST FOR THE HAMM FOUNDATI(?N, INC. , RND SUCC��S4R DENEFITTCIAR�S By: J ames E. Kel l ey Its: Trustee STATE OF MINNES�TA} ) s�. co�N�x oF } t�n this daY of � 1989, before me a Notary Publ ic within and €ar said County, �ersanally agpeared ROLLAN HOKE and STEPE3EN J ILK to me �ersonally known, who being each by me duly swarn, each did say that they are respectively the and Cierk of the City of Rosemount, the muni�ipa].ity named in the foregoing instrument, and that the seal affixed on behalf af saic� ..3� _ v.. r �. . . � . . � ` .. � � .. . municipality by authority of its City Couneil and said be �he free act and deed otnsaidemunicipalit�,�ed said instrument to Y Natary Publ ie STATE OF MINNESO�'Al COUNTY OF ) s5. _) On this day of � .�, 1989, be£ore me a Notary Publ ic within and for said Caunty, personall a Trustee of the Cynt�7ia Kelley p�Nei1.1�1954QTrust�No�sl�and�the�� Margaret H, Kelley 1953 Trust for the Hamm Foundation, �nc. , and Swccessor Beneficiaries, ta me personaily known to be the person described in and who executed the foregoinq instrument and acknowledged that he executed the same as his free act and deed. Notary Publ ic TIiTS INSTRUMENT WAS DRAFTE� BY: McMENOMY & S EVERS�N, P.A. ?300 West 14'Ith Street p.0. Bax 24329 App1e ValieY, MN 55i2�4 f 612} 432-�136 MGD ..�_ ,....� � SCHE�UL� ��F� ... � TiNt) NEU'V' �LEMENTARY SCM�JC�LS N..� Appie._Valley/EaganlRos�moun# lndependent School District No. 196 .. � �..] MA�IMUM 1988 19a9 199a DEADLINE GUIDELINES �_� Referendum A � �.� Pprova! ...... a�cobQr �� 1s�� , �..� Schematic Design oe���,b�� �s, 1ss�� �� ,..� , Design �evelopment �an�,�ry ��, �sas� w.� .:� Contract site D4CutYlentS Buifdin � � April 24, 1989* ..� Site � February 2�, 1989 �31DS QU� BtC�C�IpC,� February 2�� 1989* '�� BUi ' :::: M�y 18� 1989 BIDS QUE Iding � ' M�y 22, 1989* ..� ,t SItB M�y 7, fi989 ConstruCtiOn I � Buiiding .�� : ~ . . . . . . . . . . ....h..e......�h. �; J..�}...�.: � . n� (Jccupancy ���e 1, �ssv :: . � '� BOARD ACTION REG�UIRED . � TNE WOLD ASSOCIATION • A RCHtTECTS Janu�ry 23, 1�3g