HomeMy WebLinkAbout2020.01.06 RESO 2020-6 Terminate Restrictive Covenants on Scanan Property RESOLUTION NO. 2020-6
A RESOLUTION APPROVING THE TERMINATION OF THE DEVELOPMENT
AGREEMENT AND RESTRICTIVE COVENANT FOR PROPERTIES LOCATED
GENERALLY SOUTH OF 177TH STREET NORTH AND WEST OF HENNA AVENUE
NORTH
WHEREAS, on March 7, 1994, the City Council approved Wayne Scanlan s proposed minor
subdivision of a twenty-acre parcel into two ten-acre parcels, legally described as
That part of the South Half of the Southwest Quarter of the Northwest Quarter, Section 3,
Township 31 North, Range 21 West, Washington County, Minnesota, lying west of the East
665 feet thereof
("Parcel A") and
The East 665 the South Half of the Southwest Quarter of the Northwest Quarter, Section 3,
Township 31 North, Range 21 West, Washington County, Minnesota
("Parcel B"); and
WHEREAS, a condition of approval of the subdivision required Mr. Scanlan to combine Parcel A
with the parcel legally described in the attached Exhibit 1 ("Parcel C"); and
WHEREAS, Washington County declined to approve the parcel combination; and
WHEREAS, on or about February 21, 1995, the City Council approved and entered into that certain
Development Agreement and Restrictive Covenants dated February 21, 1995, and recorded in the
Washington County Recorder's Office on May 17, 1995, as Document Number 840822 ("the
Development Agreement"), which provides that going forward Parcel A and Parcel C shall be
considered and treated as one parcel of land and cannot be sold separately; and
WHEREAS, the properties have been used and taxed as separate parcels; and
WHEREAS, the property owner has requested the termination of the Development Agreement and
Restrictive Covenants; and
WHEREAS, on January 6, 2020, the property owner received approval from the City Council of a
variance for Parcel A and conditional use permit for Parcels A, B and C, which approvals make the
Development Agreement and Restrictive Covenants unnecessary.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF HUGO:
1. Releases the properties from the Development Agreement and Restrictive Covenant and
authorizes the termination agreement of the Development Agreement and Restrictive
Covenants.
Council members voting AYE: Haas,Klein, Miron Petryk, Weidt
Council members voting NAY: None
Whereupon said resolution was declared passed and adopted this day of January, 2020.
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk
-2-
i
Parcel A
That part of the South Half of the Southwest Quarter of the
Northwest Quarter, Section 3, Township 31 North, Range 21 West,
Washington County, Minnesota, lying west of the East 665 feet
thereof.
Also that part of Government Lot 1 of said Section 3, described as
follows: Beginning at the west quarter corner of Section 3; thence
southerly, along the west line of Section 3, a distance of 356
feet; thence northeasterly, deflecting 144 degrees 55 minutes to
the left, a distance of 435 feet, more or less, to the east-west
quarter line of Section 3; thence westerly, along said quarter
line, a distance of 250 feet, more or less, to the point of
beginning.
Excluding Horseshoe Lake.
Including all Riparian Rights.
Together with an easement for ingress and egress over and across
the East 665 feet of North 40 of the South 135 feet of said South
Half of the Southwest Quarter of the Northwest Quarter.
Subject to and together with any other valid easements,
restrictions and reservations.
Parcel B
The East 665 feet of the South Half of the Southwest Quarter of the
Northwest Quarter, Section 3 , Township 31 North, Range 21 West,
Washington County, Minnesota.
Subject to Henna Avenue North.
subject to an easement for ingress and egress over and across the
North 40 feet of the South 135 feet of the above described parcel.
Subject to and together with any other valid easements,
restrictions and reservations.
Parcel C _
Government Lot 1 , Section 4 , Township 31 , Range 21 , Hugo,
Washington County, Minnesota .
AND
Government Lot 2 , Section 4 , Township 31 , Range 21 , Washington
County, Minnesota, EXCEPT :
That part of Government Lot Two ( 2) , Section Four (4 ) ,
Township Thirty-One (31) North, Range Twenty-One (21) West ,
Washington County, Minnesota, described as follows :_
Commencing at the Northeast corner oL Government Lot Two (2 ) ,
Section Four (4) ; thence West along the north line of
Government Lot Two (2) , a distance of Nine Hundred Twenty-Five
and Three Hundredths ( 925 . 3 ) feet more or less , to the point
of intersection with a line drawn parallel with and distant
Nine Hundred Twenty-Five ( 925) feet West of the East line of
Government Lot Two (2) ; thence continuing West along the North
line of Government Lot Two (2) a distance of Three Hundred
Ninety-Four (394 ) feet , more or less , to the West line of
Government Lot Two (2 ) , thence Southerly along the west line
of Government Lot Two (2 ) , a distance of Seven Hundred Forty-
Five (745) feet, more or less , to the shoreline of Horseshoe
Lake ; thence Easterly and Northeasterly along the shoreline of
Horseshoe Lake a distance of Four Hundred and Twenty (420)
feet , more or less , to the point of intersection with said
line drawn parallel with and distant Nine Hundred Twenty- five
(925) feet West of the East line of Government Lot Two (2 ) ;
thence Northerly along said parallel line a distance of Six
Hundred Twenty-Three (623) feet , more or less , to the point of
beginning, containing 6 . 5 acres , more or less, and subject to
an existing township road along the North line thereof .