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Home My WebLink AboutEDA May 5, 1998 . \ '-J , \ "-.J \ '-J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 Economic Development Authority Meeting - Tuesday, May 5,1998 agenda Call to Order - 7:00 PM Approval of Minutes Bookmark Name minutes Discussion Items 1. 2. WDE Tax Forfeit Site Other Business wde Adjournment CITY OF ANDOVER REQUEST FOR EDA ACTION / DATE: May 5. 1998 AGENDA SECTION Approval of Minutes 'ORIGINATING DEPARTMENT ~. ~. City Clerk ITEM NO. Approval of Minutes The Economic Development Authority is requested to approve the following minutes: April 7, 1998 Regular EDA Meeting April 7, 1998 Closed EDA Meeting April 21, 1998 Regular EDA Meeting (Kunza absent) '\ J / CITY OF ANDOVER REQUEST FOR ECONOMIC DEVELOPMENT AUTHORITY ACTION ,) AGENDA SECTION DATE: May 5, 1998 ORIGINATING DEPARTMENT EDA Meeting City Attorney William Hawkins ITEM NO. \ , WDE Tax Forfeit Site Agreement has been reached with the State of Minnesota on the Deed Conditions for the acquisition of the 80 acres immediately south of the landfill. Staff requests the Economic Development Authority review and consider accepting the attached Deed Conditions. Further information about costs will be distributed the day of the Council Meeting. '. '. / , , ) DEED CONDITIONS '\ ) WHEREAS, pursuant to the Landfill Cleanup Act, Minn. Stat. SS 115B.39-115B.46 (1996), the Commissioner of the Minnesota Pollution Control Agency (hereinafter "the Commissioner") has assumed responsibility for environmental response actions at the Waste Disposal Engineering Landfill (hereinafter "WDE Landfill") adjacent to the tax forfeit property which is the subject oftIHs ~deed conditions. _Said adiacent tax forfeited property is described on Exhibit A as Parcels I and 2 attached hereto (hereinafter "the Property"); and WHEREAS, Minn. Stat. S 282.019, subd. 3 (1996) provides for conditions on the transfer and use of tax-forfeit property to be specified by the Commissioner to ensure access for and cooperation with the completion of environmental response actions and to protect the public health and welfare and the environment; and WHEREAS. the City of Andover Economic Development Authority intends to purchase the Property upon the terms and conditions contained in this Agreement: and WHEREAS, the Commissioner has determined that it is necessary to place certain transfer and use conditions on the Subject Property to ensure access and cooperation with completion of environmental response actions at the WDE Landfill and to protect public health, welfare, safety and the environment; and \ . J WHEREAS, under Minn. Stat. S 115B.17, subd. 15 (1996) the Commissioner is authorized to acquire interests in real property needed to carry out response actions; THEREFORE it is understood that the conveyance of the Property by this deed is subject to the following Deed Conditions: 1. a. That +lhere shall be no development or alteration of tflat-'lm': part of the Property Parcell on Exhibit A within 200 feet of the WDE southern fenceline iR Parcel C which fenceline is located on the southern boundary of the following description described property: That part of the Northeast Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota: Beginning at the northeast comer of said Section 34; thence North 89 degrees 08 minutes 39 seconds West along the north line of said Northeast Quarter of the Northeast Quarter 1316.94 feet to the northwest comer of said Northeast Quarter of the Northeast Quarter; thence South 00 degrees 18 minutes 44 seconds West along the west line of said Northeast Quarter of the Northeast Quarter 15.00 feet; thence South 89 degrees 08 minutes 39 seconds East 180.52 feet; \ J \ thence South 75 degrees 30 minutes 33 seconds East 190.89 feet; thence South 89 degrees 08 minutes 39 seconds East 474.80 feet; thence North 67 degrees 05 minutes 08 seconds East 111.64 feet; thence South 89 degrees 08 minutes 39 seconds East 373.94 feet, more or less, to a point on the east line of said Northeast Quarter of the Northeast Quarter; thence North 00 degrees 15 minutes 45 seconds east along said east line 15.00 feet to the point of beginning. , / b. That there shall be no development or alteration of anv part of Parcel 2 on Exhibit A within 200 feet of the WDE southern fenceline aflEi-ffi.-Parcell}..which fenceline is located on the southern boundary of the following descriptioR described property: That part of the Northwest Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota: \, , J Beginning at the northeast corner of said Northwest Quarter of the Northeast Quarter of Section 34; thence North 89 degrees 08 minutes 39 seconds West along the north line of said Northwest Quarter of the Northeast Quarter 1078.71 feet; thence South 68 degrees 56 minutes 31 seconds East 402.99 feet; thence South 81 degrees 03 minutes 0 I seconds East 109.58 feet; thence North 70 degrees 32 minutes 11 seconds East 198.91 feet; thence North 80 degrees 59 minutes 38 seconds East 411.73 feet, more or less, to a point on the east line of said Northwest Quarter of the Northeast Quarter distant 15.00 feet southerly of the point of beginning; thence North 00 degrees 18 minutes 44 seconds East along said east line 15.00 feet to the point of beginning. 2. There shall be no development or alteration of the south 425 feet of the west 450 feet of the Northwest quarter of the Northeast quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota. 3. Any athletic fields, including outfields, shall be located at least 65 feet from WDE Landfill southern fence line as described in paragraph 1. 2 , ) 4. The owner of the Property shall maintain the existing WDE Landfill fence in good repair or erect and maintain an identical fence on the Property. The owner of the Property shall post and maintain several signs on the fence stating: WARNING No trespassing No retrieving balls No climbing fence MINNESOTA POLLUTION CONTROL AGENCY and ANOKA COUNTY The signs shall be 2' by 3' minimum size and shall be placed every 50 ft:et on the fence. 5. The owner of the Property shall not plant or allow to be planted any trees or shrubs within 50 feet of the WDE Landfill fenceline. \ 6. With respect to that part of the Property within 500 feet of the limit of refuse disposal ~ Landfill southern fence line, the owner shall not extract or allow extraction of groundwater from the Upper Sand Aquifer for any purpose other than implementing, monitoring, or maintaining environmental response actions. Dewatering for the installation of public utilities or the construction, repair, reconstruction, or expansion of any structure or any public roads or highways located on the Property shall be subject to prior written approval of the Commissioner, and, if approved, shall be excluded from the prohibition on groundwater extraction in this paragraph. / 7. With respect to that part of the Property within 500 feet of the limit sf refuse dispssal WDE Landfill southern fence line, the owner of the Property shall not extract or allow extraction of groundwater from the Lower Sand Aquifer for any purpose other than implementing, monitoring, or maintaining environmental response actions. 8. Any building constructed on the Property shall be constructed so as to protect occupants from infiltration of landfill gas. Any such construction shall be subject to prior approval of the Commissioner. 9. Any request required under these deed conditions for approval of construction or other activity shall be submitted in writing with complete descriptions and diagrams to the MPCA Project Manager for the WDE Landfill. MPCA staff shall provide written approval or disapproval of such requests within 30 days after receipt. If the MPCA does not respond within this time period, the request will be deemed approved unless the parties agree to an extension of time for MPCA review. The conditions above shall run with the land and shall be binding upon any and all persons who acquire title or any legal interest in the Property and in any subsequent instrument of / ., -' '. , j conveyance shall be made expressly subject to said conditions. The conditions herein shall be enforceable by the Commissioner on behalf of the State of Minnesota. The conditions above shall remain in full force and effect until the Commissioner determines they are no longer necessary to protect public health, welfare, safety and the environment. When the Commissioner makes such a determination the Commissioner shall issue to the owner of the Property in recordable form a release of Deed Conditions. BY THEIR SIGNATURES BELOW THE UNDERSIGNED REPRESENT THAT THEY HAVE AUTHORITY TO BIND THE PARTIES THEY REPRESENT, THEIR AGENTS, SUCCESSORS, AND ASSIGNS. 4 IT IS SO AGREED: Subscribed and sworn to before me this _ day of , 1998. NOTARY PUBLIC Subscribed and sworn to before me this _ day of , 1998. NOTARY PUBLIC Subscribed and sworn to before me this _ day of ,1998. NOTARY PUBLIC CITY OF ANDOVER By: Its By: Its COUNTY OF ANOKA By: Its MINNESOTA POLLUTION CONTROL AGENCY By Its 5 , Subscribed and sworn to before me this _ day of , 1998. NOTARY PUBLIC This instrument drafted by: JOHN K. LAMPE Assistant Attorney General 445 Minnesota Street, Suite 900 St. Paul, Minnesota 55101-2127 (612) 296-7293 (Voice) (612) 296-1410 (ITY) AG: 118340 v2 .' MINNESOTA DEPARTMENT OF REVENUE By Its 6