HomeMy WebLinkAboutEDA Packet - 5-23-24 ••• Meeting Location: Municipal Center
Apple II 7100 147th Street West
Valley Apple Valley, Minnesota 55124
May 23, 2024
ECONOMIC DEVELOPMENT AUTHORITY REGULAR
MEETING TENTATIVE AGENDA
6:15 PM
1. Call to Order
2. Approve Agenda
3. Approve Consent Agenda Items
Consent Agenda Items are considered routine and will be enacted with a
single motion, without discussion, unless a commissioner or citizen requests
to have any item separately considered. It will then be moved to the regular
agenda for consideration.
A. Approve Minutes of January 25, 2024, Special Meeting
4. Regular Agenda Items
A. Former Gaslight Park and Ride Property (15584 Gaslight Drive)
1. Adopt Resolution Authorizing Execution of Disclaimer of Interest in
Easements on Lot 1, Block 1, Carroll Center Fourth Addition
(15560 Cedar Ave, Red Robin)
2. Adopt Resolution Authorizing Execution of Disclaimer of Interest in
Easements on Lot 2, Block 1, Carroll Center Fourth Addition
(15635 Gaslight Drive, Floor and Decor)
B. Convene into Closed Session to Discuss Potential Sale of EDA Owned
Property - The Gaslight Site - 15584 Gaslight Drive
Convene in Closed Session, Under Attorney-Client Exceptions to Open
Meeting Law, to Discuss Appraisal Valuation of EDA Owned Lands (The
Gaslight Site)
5. Staff Updates
6. Adjourn
Regular meetings are broadcast, live, on Charter Communications Cable Channel
180 and on the City's website at www.applevalleymn.gov
• ITEM: 3.A.
•••••
•
••• EDA MEETING DATE: May 23, 2024
Apple
Valley SECTION: Consent Agenda
Description:
Approve Minutes of January 25, 2024, Special Meeting
Staff Contact: Department/ Division:
Breanna Vincent, Planning Department Assistant Community Development Department
ACTION REQUESTED:
Approve minutes of special meeting of January 25, 2024.
SUMMARY:
The minutes of the special Economic Development Authority meeting are attached for your
review and approval.
BACKGROUND:
State statute requires the creation and preservation of meeting minutes which document the
official actions and proceedings of public governing bodies.
BUDGET IMPACT:
N/A
ATTACHMENTS:
Minutes
ECONOMIC DEVELOPMENT AUTHORITY
City of Apple Valley
Dakota County, Minnesota
January 25, 2024
Minutes of the Special Meeting of the Economic Development Authority of Apple Valley, Dakota
County, Minnesota, held January 25, 2024, at 6:00 p.m., at Apple Valley Municipal Center.
PRESENT: President Tom Melander, Commissioners Clint Hooppaw, Tom Goodwin, John
Bergman, Ruth Grendahl, and Ken Johnson
ABSENT: Jodi Kurtz
City staff members present: City Administrator Tom Lawell, Community Development Director
Tim Benetti, Planner/Economic Development Specialist Alex Sharpe, Associate Planner Sydnee
Stroeing, City Attorney Sharon Hills, and Department Assistant Breanna Vincent
APPROVAL OF AGENDA
President Melander asked staff if there were any changes to the agenda. —None.
MOTION: of Grendahl, seconded by Hooppaw, approving the agenda. Ayes—6 -Nays - 0.
CONSENT AGENDA
MOTION: of Hooppaw, seconded by Grendahl, approving the minutes of the special meeting
on October 26, 2023, the 2024 Meeting Calendar, and the Time Square Storm
Water Agreement. Ayes—6—Nays—0.
REGULAR AGENDA
A.Adopt Resolution Approving 2024 Board Officers
MOTION: of Bergman,seconded by Grendahl,to adopt Resolution Approving the 2024 Board
Officers to remain the same as 2023. Ayes—6 -Nays—0.
B. Adopt Resolution Approving 2024 EDA Budget
MOTION: of Goodwin, seconded by Bergman, to adopt Resolution Approving the 2024 EDA
Budget. Ayes—6 -Nays—O.
Economic Development Authority
City of Apple Valley
Dakota County, Minnesota
January 25, 2024
Page 2
C. "Open to Business" Joint Powers Agreement with Dakota County Community
Development Agency
MCCD Business Advisor,Natalie Mouilso, provided a brief presentation on the Open to Business
program.
MOTION: of Hooppaw, seconded by Bergman, to authorize Joint Powers Agreement with
Dakota County Community Development Agency. Ayes—6 -Nays—O.
D. Review, Discuss and Direct Staff on Potential Sale and Development of EDA Owned
Property— 15584 Gaslight Drive
Community Development Director Tim Benetti provided a brief presentation.
MOTION: of Bergman, seconded by Goodwin, to direct staff to have an official appraisal
performed on the subject property to determine the true and fair market value.Ayes
—6—Nays-0.
E. Review, Discuss and Direct Staff on Potential Development Proposals on City-Owned
Lands—7153 & 7169 152nd Street W. ("866 Site")
Community Development Director Tim Benetti provided a brief presentation.
City Attorney Hills stated that since the land is City-owned, the EDA does not have authority to
make a motion on this item. Staff is looking for input before the item moved forward to City
Council for a motion.
Commissioner Hooppaw asked if the item could be added to the City Council meeting directly
following this meeting.
City Attorney Hills stated that an amendment to the City Council agenda could be made.
STAFF UPDATES
None
ADJOURNMENT
MOTION: by Hooppaw, seconded by Grendahl, to adjourn at 6:43 p.m.
Economic Development Authority
City of Apple Valley
Dakota County, Minnesota
January 25, 2024
Page 3
Respectfully Submitted,
Breanna Vincent, Department Assistant
Approved by the Apple Valley Economic
Development Authority on_ May 23, 2024 Thomas O. Melander, President
• ITEM: 4.A.
• ••
•••
••• EDA MEETI NG DATE: May 23, 2024
Apple
Valley SECTION: Regular Agenda
Description:
Former Gaslight Park and Ride Property(15584 Gaslight Drive)
Staff Contact: Department/ Division:
Kathy Bodmer, AICP, City Planner Community Development Department
Applicant:
City of Apple Valley Project Number:
Applicant Date: 60 Days: 120 Days:
ACTION REQUESTED:
1. Adopt Resolution Authorizing Execution of Disclaimer of Interest in Easements on Lot
1, Block 1, Carroll Center Fourth Addition(15560 Cedar Ave, Red Robin Property).
2. Adopt Resolution Authorizing Execution of Disclaimer of Interest in Easements on Lot
2, Block 1, Carroll Center Fourth Addition (15635 Gaslight Drive, Floor and Decor
Property).
SUMMARY:
The Apple Valley Economic Development Authority (EDA) is requested to consider
resolutions authorizing execution of a disclaimer of interest in easements over two parcels
west of the former Gaslight Park & Ride site at 15584 Gaslight Drive.
Easements: Title work shows that there are three easements that were executed on two
properties abutting the former Gaslight Park & Ride site that run in favor of the Apple Valley
Economic Development Authority property: a cross-parking/cross access easement, a sight
line easement and a sign/sign access easement. The easements were executed over the Red
Robin property at 15560 Cedar Avenue and the Floor Decor (former movie theater) property
at 15635 Gaslight Drive.
1. T he cross-parking easement will automatically terminate under the terms of the
easement when the transit station is no longer used as a transit station.
2. The sight line easement maintains sight line view for the former Gaslight park and ride,
which was located very near, but not abutting Cedar Avenue. The easement places
limits on changes to the grade, the location of buildings, signs and fences, and limits the
height of landscape materials within the described easement area. The easement states
that once the theater property is no longer used as a theater, the width of the view
corridor is reduced from a fan-shape of over 300' along Cedar Avenue to a more
compact rectangle of 134'.
3. The sign and sign access easement provides the right for the Grantee (AV EDA) to
construct signage on Cedar Avenue between the Red Robin and movie theater
properties. Staff is not able to find information concerning the intention of the easement,
but it appears to never have been constructed.
The sight line easement may provide benefit to the new development and provide value to the
site. If the EDA wishes to maintain the sight line easement, it may direct staff to amend its
resolutions. However, the sign and sign access easement were never executed and staff
advises that the easement be released to ensure there is no confusion concerning the rights to
off-premise signs. Off-premise signs are normally prohibited in the sign code.
BACKGROUND:
The City of Apple Valley Economic Development Authority purchased the former Gaslight
Park & Ride property from the Carroll family June 1997. The property was part of a mixed
development that included a restaurant, movie theater, transit station and affordable housing
development. Agreements and easements were executed with the neighboring properties to
provide overflow parking and enhance the visibility of the park and ride station from Cedar
Avenue.
BUDGET IMPACT:
N/A
ATTACHMENTS:
Location Map
Final Plat
Resolution
Resolution
Exhibit
Exhibit
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FINAL PLAT
CITY OF APPLE VALLEY
ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION NO. EDA 2024-
A RESOLUTION AUTHORIZING THE EXECUTION OF A
DISCLAIMER OF INTEREST
WHEREAS, pursuant to Minnesota Statutes Sections 469. 090 to 469.108 (the "Act"), the
Apple Valley Economic Development Authority(the "EDA") is authorized to own, sell and
convey real property owned by it if it determines that said sale and conveyance are in the best
interests of the City of Apple Valley and that the transaction furthers its general plan of
economic development; and
WHEREAS, the Apple Valley Economic Development Authority acquired Lot 1, Block
2, Carroll Center 4th Addition(15584 Gaslight Drive), on June 30, 1997, for a park and ride
station facility; and
WHEREAS, in connection with the acquisition, the EDA executed certain easements
over adjacent properties in furtherance of transit goals, including portions of the following
described property:
Lot 1, Block I, CARROLL CENTER 4TH ADDITION, according to the plat on file and
of record in the Dakota County Recorder's Office.
(the"Property") (the Red Robin Restaurant located at 15560 Cedar Avenue).
WHEREAS, the Apple Valley Economic Development Authority("EDA") has the
following interest in the Property:
1. Sight Line Easement, dated December 23, 1997, recorded February 9, 1998 as Doc.
No 1475681; and
2. Signage and Access Easement, dated December 23, 1997, recorded February 9, 1998
as Doc. No 1475682; and
(the"EDA Easements").
WHEREAS, the EDA wishes to disclaim its interest in the easements noted above.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Apple
Valley Economic Development Authority, that the EDA President is hereby authorized to sign
the Disclaimer of Interest.
ADOPTED this th day of , 20 .
Thomas O. Melander, President
ATTEST:
Pamela J. Gackstetter, Secretary
RELEASE OF EASEMENT INTEREST
Date: May 23, 2024
The real property in Dakota County, Minnesota, legally described as follows:
, Carroll Center Fourth Addition, according to the recorded plat thereof
is hereby released from the following:
1. Sight Line Easement, dated December 23, 1997, recorded February 9, 1998, as Doc.
No 1475681 in the Office of the Dakota County Recorder; and
2. Signage and Access Easement, dated December 23, 1997, recorded February 9, 1998,
as Doc. No 1475682 in the Office of the Dakota County Recorder.
APPLE VALLEY ECONOMIC DEVELOPMENT
AUTTIORITY, a public body corporate and politic
and a political subdivision of the State of Minnesota
By: Thomas O. Melander
Its: President
By: Pamela J. Gackstetter
Its: Secretary
EXIBIT A
Placeholder
EXIBIT B
Placeholder
CITY OF APPLE VALLEY
ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION NO. EDA 2024-
A RESOLUTION AUTHORIZING THE EXECUTION OF A
DISCLAIMER OF INTEREST
WHEREAS,pursuant to Minnesota Statutes Sections 469. 090 to 469.108 (the "Act"),the
Apple Valley Economic Development Authority (the "EDA") is authorized to own, sell and
convey real property owned by it if it determines that said sale and conveyance are in the best
interests of the City of Apple Valley and that the transaction furthers its general plan of
economic development; and
WHEREAS,the Apple Valley Economic Development Authority acquired Lot 1, Block
2, Carroll Center 4th Addition(15584 Gaslight Drive), on June 30, 1997, for a park and ride
station facility; and
WHEREAS, in connection with the acquisition,the EDA executed certain easements
over adjacent properties in furtherance of transit goals, including portions of the following
described property:
Lot 2, Block 1, CARROLL CENTER 4TH ADDITION, according to the plat on file and
of record in the Dakota County Recorder's Office.
(the"Property") (the Floor and Decor located at 15635 Gaslight Drive).
WHEREAS, the Apple Valley Economic Development Authority("EDA")has the
following interest in the Property:
1. Sight Line Easement, dated December 23, 1997, recorded February 9, 1998 as Doc.
No 1475681; and
2. Signage and Access Easement, dated December 23, 1997,recorded February 9, 1998
as Doc. No 1475682; and
(the"EDA Easements").
WHEREAS, the EDA wishes to disclaim its interest in the easements noted above.
NOW, THEREFORE, BE IT RESOLVED,by the Board of Commissioners of the Apple
Valley Economic Development Authority,that the EDA President is hereby authorized to sign
the Disclaimer of Interest.
ADOPTED this 23rd day of May, 2024.
Thomas O. Melander, President
ATTEST:
Pamela J. Gackstetter, Secretary
RELEASE OF EASEMENT INTEREST
Date: May 23, 2024
The real property in Dakota County, Minnesota, legally described as follows:
Lot 2, Block 1, Carroll Center Fourth Addition, according to the recorded plat thereof
is hereby released from the following:
1. Sight Line Easement, dated December 23, 1997, recorded February 9, 1998, as Doc.
No 1475681 in the Office of the Dakota County Recorder; and
2. Signage and Access Easement, dated December 23, 1997,recorded February 9, 1998,
as Doc. No 1475682 in the Office of the Dakota County Recorder.
APPLE VALLEY ECONOMIC DEVELOPMENT
AUTTIORITY, a public body corporate and politic
and a political subdivision of the State of Minnesota
By: Thomas O.Melander
Its: President
By:Pamela J. Gackstetter
Its: Secretary
EXIBIT A
Placeholder
EXIBIT B
Placeholder
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C7W DATE RECEIVED 019 in' 8. '
.t. S� THOMAS V. NOVAK wee `�
I DAKOTA COUNTY TREASURER-AUDITOR SIGHT LINE EASEMENT 1475�8g V
This Sight Line Easement Agreement is made as of the 23 today of December , 1997,
by the Apple Valley Economic Development Authority, a Minnesota public body (hereinafter
referred to as "Grantee") and AP Apple Valley Limited Partnership, a Texas limited partnership
(hereinafter referred to as ("Grantor").
WHEREAS, the Grantor is the owner of real property in Dakota County, Minnesota,
legally described on Exhibit A attached hereto and made a part hereof (the "Grantor's Property");
and
WHEREAS, the Grantee is the owner of real property in Dakota County, Minnesota,
legally described on Exhibit B attached hereto and made a part hereof (the "Grantee's Property");
and
WHEREAS, Grantee sold to Grantor the Grantor's Property with the agreement that
Grantor would grant to Grantee a sight line easement to preserve a view from Cedar Avenue to
Grantee's Property; and
WHEREAS, the parties hereto desire to enter into this Agreement in order to preserve the
view from Cedar Avenue to Grantee's Property;
NOW, THEREFORE, in consideration of the payment from Grantee to Grantor of the sum
of$1.00 and other valuable consideration, the receipt and sufficiency of which is acknowledged
to, the parties hereby agree as follows:
1. Creation of Sight Line Easement. Grantor grants to Grantee, and the successors
and assigns of Grantee, the following easement over the Grantor's Property which is for the
purpose of protecting the value and desirability of, and which is for the benefit of, appurtenant
to and shall run with the Grantee's Property and be binding on all parties having any right, title
or interest in the Grantor's Property or any part thereof, its successors and assigns:
This easement includes the right to light, air and view over all parts of Grantor's
Property which contains a parking lot, as shown on Exhibit C attached hereto and
made a part hereof (the "Sight Line Easement Area"). The present grade within the
Sight Line Easement Area will not be substantially raised, nor shall a building,
sign, fence, wall or other structure be constructed or maintained therein, nor shall
any bush, tree or other plantings exceeding three feet in height be planted or
maintained thereon, except grade changes, construction and plantings consented to
in writing by Grantee.
2. Duration. The Easement shall be perpetual:
(i) For a period of ten (10) years from the date of this Easement
Agreement, or upon the termination of the use of Grantor's Property as a movie theater,
whichever event is later, the site line Easement Area shall remain as shown on Exhibit "C".
(ii) Upon the occurrence of the later event set forth in Paragraph 2(i),
the Sight Line Agreement Area shall be modified as to be limited to the area shown on Exhibit
"D" attached hereto and made a part hereof.
3. Grantor R spo sibili i -s. Grantor agrees that it shall continue to be responsible for
all taxes, maintenance costs and liability for damages associated with the Sight Line Easement
Area.
4. Default. Failure by any party to perform obligations within 30 days after receipt
of written notice of an alleged beach, shall be considered an event of default. The nondefaulting
party to this Agreement may commence an action in a court of competent jurisdiction to collect
any sums due hereunder including the reasonable costs of such action and reasonable attorneys
fees.
5. Authorization. By executing below, all the parties warrant that they have taken
sufficient action to make this Agreement a binding obligation upon the party, and they further
warrant that the party executing this Agreement on behalf of the organization has the power to
bind the organization to the terms of this Agreement.
6. Notices. All notices required or permitted to be given under this Lease shall be in
writing and shall be deemed to be given upon obtaining a written acknowledgment of receipt when
delivered in person to the party, or when deposited in the United States Mail in a sealed envelope
with postage prepaid, addressed to the parties at the following addresses:
If to Grantor: Jay Anthony
Anthony Properties Management, Inc.
12770 Coit Road, Suite 1170
Dallas, TX 75251
-2 -
,
If to Grantee: Apple Valley Economic Development Authority
Executive Director
14200 Cedar Avenue South
Apple Valley, MN 55124
or addressed to any such party at such other address as such party shall hereafter furnish by
written notice to the other party.
7. Amendments. The parties agree that any amendment to this Sight Line Easement
Agreement shall be in writing and recorded with the appropriate Dakota County land recorder
office.
8. Whole Agreement. This Agreement embodies the entire Agreement between the
parties including all prior understandings and agreements and may not be modified except in
writing signed by all the parties.
9. Binding Contract. The easement created by this Agreement shall bind the Grantor
and its successors and assigns and run with title to the properties described above.
10. Governing Law. This Agreement shall be construed under the laws of the State of
Minnesota.
11. Severability. If any term or provision of this Agreement shall, to any extent, be
invalid or unenforceable, the remainder of this Agreement (or the application of such term or
provision, to persons or circumstances other than those in respect of which is invalid or
unenforceable) except those terms or provisions which are made subject to or conditioned upon
such invalid or unenforceable term or provision, shall not be affected thereby, and each other term
and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by
law.
12. Execution Counterparts. This Agreement may be executed by the parties in any
number of identical counterparts, each of which shall be considered as an original for all purposes,
but this Agreement shall be responsible only if it is executed by all of the parties.
IN WITNESS WHEREOF, the Grantor has executed this Easement Grant as of the day
and year first above set forth.
-3-
5
APPLE VALLEY ECONOMIC
DEVELOPMENT AUTHORITY, a
Minnesota public body
By: siir "�'�' /Severson
Its:r'1'- sent
By: M E. Mueller
Its: C rk
AP APPLE VALLEY LIMITED
PARTNERSHIP, a Texas limited partnership
By: ANTHONY PROPERTIES
MANAGEMENT, INC., a Texas corporation
Its: General Partner
By: R. Jay Antho
Its: President
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA 77)
2 On thisday of /.�-C.ew J, 1997 before me a Notary Public within and for said
County, personally appeared LARRY S. SEVERSON and MARY E. MUELLER, to me
personally known, who being each by me duly sworn, each did say that they are respectively the
President and Clerk of the Apple Valley Economic Development Authority, the Minnesota public
body named in the foregoing instrument, and that said instrument was signed on behalf of said
Minnesota public body by authority of its President and Clerk.
/491,,Le<.,,a-tcmid
Nota blic
DARLENE A.fan
r+orarnrusuc_M; ora
�v MY COMMISSION EXPIRES
-4- ` JANUARY 31,2000
STATE OF MI-NNESOTA )
) ss.
COUNTY OF 041/4-5 )
On this c9//t day of 712-tis -4.Q.c-- , 1997, before me a Notary Public within and for
said County, personally appeared R. JAY ANTHONY to me personally known, who being by me
duly sworn, did say that he is the President of Anthony Properties Management, Inc., a Texas
corporation, the general partner of AP Apple Valley Limited Partnership, a Texas limited
partnership named in the foregoing instrument, and that said instrument was signed on behalf of
said partnership by said President and he acknowledged said instrument to be the free act and deed
of the partnership.
Notary Noll
THIS INSTRUMENT DRAFTED BY: t MARY JOY BOBBITT
ij Notary Pu61ic,State of Texas
SEVERSON, SHELDON, DOUGHERTY ^' My Commission Expires /t8/00
& MOLENDA, P.A.
7300 West 147th Street, Suite 600
Apple Valley, MN 55124
(612) 432-3136
MGD/wkt (66-14803)
-5-
1
EXHIBIT A
Lots One (1) and Two (2), Block One (1), Carroll Center Fourth Addition,
Dakota County, Minnesota.
•
EXHIBIT B
Lot One (1), Block Two (2), Carroll Center Fourth Addition, Dakota
County, Minnesota.
SIGHT LINE EASEMENT
EASEMENT DESCRIPTIONS
EASEMENT FOR SIGHT LINE PRESERVATION:
A triangular shaped parcel of land over that southerly part of Lot 1, Block 1, and that north central part of Lot 2, Block 1, both of Carroll Center Fourth Addition,
Dakota County, Minnesota, described as follows :
Commencing at the southwesterly corner of Lot 11, Block 1,
Carroll Center. Fourth Addition, on file and of record at the
Recorder's Office, Dakota County, Minnesota; thence due North
along the west line of said lot a distance of 70. 00 feet;
thence North 89 degrees 49 minutes 46 seconds East, parallel
with the South line of said lot, a distance of 205. 00 feet. to
the east line of said lot at a jogged corner thereof; thence
continuing along the same bearing along the jogged lot line a
distance of 15 . 00 feet the easternmost line of said lot; thence _.
due South, parallel with the west line of said lot, a distance _ _
of 70 . 00 feet to the south line of said lot; thence South 89 ._
degrees 49 minutes 46 seconds West along the south line..of said
lot a distance of 220 . 00 feet to the point of beginning at the
southwest corner of said lot and there terminating; and
Commencing at the northwesterly corner of Lot 2, Block 1,
Carroll Center Fourth Addition, on file and of record at the
Recorder's Office, Dakota County, Minnesota; thence due South
along the west line ,of said lot a distance of 292 . 00 feet;
thence Northeasterly on an assumed bearing of approximately
North 57 degrees East a distance of approximately 405 feet to a
point on the east line of said lot lying 417 . 00 : feetdistant from the northeast corner thereof; thence due North, along the
east line of said lot, a distance of _134 . 00 feet; thence South
89 degrees 49 minutes 46 seconds West parallel with the north
line of said lot a distance of- 120 . 00 feet to .theiwest line of
said lot; thence due South along the west line of said lot a
distance of 70. 00 feet to a lot corner of said lot; thence
South 89 degrees 49 minutes 46 seconds West along the north
line of said lot a distance of 220. 00 feet to. the point of
beginning at the northwest corner of said lot and there
terminating.
EXHIBIT C j 1 OF 2
SIGHT LINE EASEMENT
CARROLL CENTER FOURTH ADDITION
1 N 89'49'46' E 916.55
- - , 135:-00 5„. C- - 2e5-JU— —
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EXHIBIT C
2 OF 2
SIGHT LINE EASEMENT
SIGHT LINE EASEMENT
EASEMENT DESCRIPTIONS
EASEMENT FOR SIGHT LINE PRESERVATION:
A triangular shaped parcel of land over that southerly part . of Lot 1, Block 1, and
that north central part of Lot 2, Block 1, both of Carroll Center FourthAddition,
Dakota County, Minnesota, described as follows :
Commencing at the southwesterly corner of Lot 1, Block 1,
Carroll Center Fourth Addition, on file and of record at the
Recorder's Office, Dakota County, Minnesota; thence due North
along the west line of said lot a distance of 70. 00 feet; - ---
thence North 89 degrees 49 minutes 46 seconds East, parallel
with the South line of said lot, a distance of 205 . 00 feet to
the east line of said lot at a jogged corner_. thereof; thence
continuing along the same bearing along the jogged lot line a
distance of 15 . 00 feet the easternmost line of said lot; thence
due South, parallel with the west line of said lot, a distance
of 70. 00 feet to the south line of said lot; thence South 89
degrees 49 minutes 46 seconds West along the south line of said
lot a distance of 220 . 00 feet to the point of beginning at the
southwest corner of said lot and there terminating; and
Commencing at the northwesterly corner of Lot 2, Block 1,
Carroll Center Fourth Addition, on file and of record at the -
Recorder's Office, Dakota County, Minnesota; thence due South
along the west line of said lot a distance of 64. 00 feet;
thence North 89 degrees 49 minutes 46 seconds East, parallel
with the north line of said lot, a distance of 340. 00 feet to the east line of said lot; thence due North, along the east
line of said lot, a distance of 134 . 00 feet; thence South 89
degrees 49 minutes 46 seconds West parallel with the north line
of said lot a distance of 120 . 00 feet.- to the west line of said -_
lot; thence due . South along the west line of said lot a
distance of 70 . 00 feet toa -loEcorner of said lot; thence
South 89 degrees 49 minutes 46 seconds West along the north
line of said lot a distance of 220 . 00 feet to the point of - - -
beginning at the northwest corner of said lot and there
terminating.
EXHIBIT ID 1 OF 2
SIGHT LINE EASEMENT
CARROLL CENTER FOURTH ADDITION
I N 89'49'46" E 916.55
^ 135700 = 6ri43 S— — ?v5-70— -- - G5 - —•__
' d I c n.
a
m x mI �- '� _i 1 L_.: i I__ _.:\ \,
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mat
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EXHIBIT D 2 OF 2
SIGHT LINE EASEMENT
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C)
SIGNAGE AND ACCESS EASEMENT 1475682
THIS AGREEMENT, is entered into this 23rd day of December , 1997, by the
Apple Valley Economic Development Authority, a Minnesota public body (hereinafter referred to
as "Grantee") and AP Apple Valley Limited Partnership, a Texas limited partnership (hereinafter
referred to as "Grantor").
WHEREAS, Grantor is the owner of that property located in Dakota County, Minnesota
described on attached Exhibit "A" (the "Grantor's Property"); and
WHEREAS, Grantee is the owner of that property located in Dakota County, Minnesota
described on attached Exhibit "B" (the Grantee's Property); and
WHEREAS the Grantee desires to use a portion of the Grantor's Property to construct
and maintain a advertising sign for the benefit of the Grantee's Property; and
WHEREAS, Grantor desires to grant the Grantee an easement for the placement of a sign
and the providing of power and access to the sign so long as the obligation of maintenance and
operation costs are agreed to between the parties.
NOW, THEREFORE, in consideration of One Dollar and other good and valuable
consideration, including the terms set forth herein, the sufficiency and receipt of which are hereby i _
acknowledged to by the parties, it is hereby agreed as follows:
1. Creation of Sign Access/Use Easement. Grantor hereby grants to Grantee a
permanent exclusive easement for sign purposes over, under and across that portion of Grantor's
Property shown on attached Exhibit "C" ("Easement Area").
2. Use of Easement. Grantee shall have the right to use the Easement Area to
construct and maintain a monument or pylon sign of the dimensions in Exhibit "D" attached
hereto. Grantee's use shall include providing utility power service to the sign and access to repair,
maintain or replace the sign. The sign shall be used to promote and advertise the use(s) located on
the Grantee's Property. The sign shall meet all applicable governmental regulations.
DATE RECEIVED)-?-9,P
THOMAS V. NOVAK 0.J2.
DAKOTA COUNTY TREASURER-AUDITOR
3. Construction/Maintenance Costs. The Grantee shall be responsible for constructing
and maintaining the sign in a good condition and shall pay for all costs of said construction,
maintenance, operation and repairs.
4. Limit of Obligation of Grantor. It is understood that the Grantor shall not be
responsible or labile for the payment of any contractors nor for the payment of any liens or
judgments which might accrue as a result of the sign's use, ownership or maintenance. The
Grantee agrees to indemnify Grantor for all such costs, including reasonable attorney fees.
5. Utilities. The Grantee shall be responsible for the cost of utilities required for the
operation of the Sign. A separate meter and timeclock for utilities servicing the sign shall be
installed.
6. Quiet Enjoyment. The Grantor warrants that it has not granted any right to any
third party which would interfere with the rights granted under this Agreement. Grantor agrees
that so long as the Grantee performs all of the covenants contained herein, the Grantee shall have
the peaceful and quiet enjoyment and use of the sign.
7. Default. Failure by any party to perform obligations within thirty (30) days after
receipt of written notice of an alleged breach, shall be considered an event of default. Upon
occurrence of an event of default, the nondefaulting party to this Agreement may declare the
Agreement terminated or may commence an action in a court of competent jurisdiction to collect
any sums due hereunder including the reasonable costs of such action and reasonable attorney
fees.
8. Permits. Grantee shall, at its sole cost, maintain all necessary permits, licenses and
other requirements pertaining to the continued use of the sign and shall provide evidence of the
same upon request by Grantor.
9. Access. Grantor does hereby grant to the Grantee the right to enter the Grantor's
Property in order to allow construction, maintenance and use of the sign as required under this
Agreement. The Grantee's right of access shall include the Grantee's contractors, but shall not
include the general public.
10. Authorization. By executing below, all of the parties warrant that they have taken
sufficient action to make this Agreement a binding obligation upon the party, and they further
warrant that the party executing this Agreement on behalf of the organization has the power to
bind the organization to the terms of this Agreement.
11. Notices. All notices required or permitted to be given under this Lease shall be in
writing and shall be deemed to be given upon obtaining a written acknowledgment of receipt
when delivered in person to the party, or when deposited in the United States Mail in a sealed
envelope with postage prepaid, addressed to the parties at the following address:
-2-
If to Grantor: Anthony Properties Management, Inc.
Attn: Jay Anthony
12770 Coit Road, Suite 1170
Dallas, TX 75251
If to Grantee: Apple Valley Economic Development Authority
Attn: John Gretz, Executive Director
14200 Cedar Avenue South
Apple Valley, MN 55124
or addressed to any such party at such other address as such party shall hereafter furnish by
written notice to the other party.
12. Indemnification. Grantee agrees to defend, indemnify and hold the Grantor
harmless from any liability, claim, damages, costs,judgements or expenses, including reasonable
attorney fees, resulting from Grantee's use of the Grantor's Property under this Agreement.
13. Whole Agreement. This Agreement embodies the entire Agreement between the
parties including all prior understandings and agreements and may not be modified except in
writing signed by all the parties.
14. Einding Contract. The easement created by this Agreement shall bind the Grantor
and its successors and assigns and run with title to the properties described above.
15. Governing Law. This Agreement shall be construed under the laws of the State of
Minnesota.
16. Severability. If any term or provision of this Agreement shall, to any extent, be
invalid or unenforceable, the remainder of this Agreement (or the application of such term or
provision, to persons or circumstances other than those in respect of which is invalid or
unenforceable) except those terms or provisions which are made subject to or conditioned upon
such invalid or unenforceable term or provision, shall not be affected thereby, and each other term
and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by
law.
17. Execution Counterparts. this Agreement may be executed by the parties in any
number of identical counterparts, each of which shall be considered as an original for all purposes,
but this Agreement shall be responsible only if it is executed by all of the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year first set forth above.
[NEXT PAGE IS SIGNATURE PAGE]
-3-
APPLE VALLEY ECONOMIC_
DEVELOPMENT AUTHORITY, a
Minneso • .lie body
"ft
/fi
By��r eRSeverson
t
41,
By: Mar 4„ . Mueller
Its: Cl"
AP APPLE VALLEY LIMITED
PARTNERSHIP, a Texas limited partnership
By: ANTHONY PROPERTIES
MANAGEMENT, INC., a Texas corporation
Its: General Partner
By: R. Jay An
Its: President
-4-
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
On thisre"day of J.teitt aer , 1997 before me a Notary Public within and for
said County, personally appeared LARRY S. SEVERSON and MARY E. MUELLER, to me
personally known, who being each by me duly sworn, each did say that they are respectively
the President and Clerk of the Apple Valley Economic Development Authority, the Minnesota
public body named in the foregoing instrument, and that said instrument was signed on behalf
of said Minnesota public body by authority of its President and Clerk.
/64-4-ee--..z....-Efr• ----,
Notary Public
Tfr-5(4-5 i DARLENE A.JENISON
STATE OF MINN) SOTA ) 4)).
Noroxva�ac—wxrx som
S3. MYCOMMISSIONEXPIRES
JANUARY 31,2000
COUNTY OF DF}&/ E}5 )
On this ;)A—day of )to- / , 1997, before me a Notary Public within and
for said County, personally appeared R. JAY ANTHONY to me personally known, who being
by me duly sworn, did say that he is the President of Anthony Properties Management, Inc., a
Texas corporation, the general partner of AP Apple Valley Limited Partnership, a Texas
limited partnership named in the foregoing instrument, and that said instrument was signed on
behalf of said partnership by said President and he acknowledged said instrument to be the free
act and deed of the partnership.
/71
Notary
THIS INSTRUMENT DRAFTED BY:
C `. MARY JOY BOBBITT
T< Notary Public, State of Texas
SEVERSON, SHELDON, DOUGHERTY a,s, My Commission Expires 4/18/00 '
& MOLENDA, P.A.
7300 West 147th Street, Suite 600
Apple Valley, MN 55124
(612) 432-3136
MGD/wkt (66-14803)
-5-
EXI3IBIT A
Lots One (1) and Two (2), Block One (1), Carroll Center Fourth Addition,
Dakota County, Minnesota.
EXHIBIT B
Lot One (1), Block Two (2), Carroll Center Fourth Addition, Dakota
County, Minnesota.
SIGN AND ACCESS EASEMENT
EASEMENT DESCRIPTIONS
EASEMENT FOR SIGN INSTALLATION AND MAINTENANCE:
A parcel of land forty-four feet (44 ' ) by forty-eight feet (48' ) in size lying
over that southwesterly part of Lot 1, Block 1, and that northwesterly part of Lot
2, Block 1, both of Carroll Center Fourth Addition, Dakota County, Minnesota,
described as follows : -
Commencing at the southwesterly corner of Lot_. 1, Block 1,
Carroll Center Fourth Addition, on file and of record at the
Recorder ' s Office, Dakota County, Minnesota; thence due North
along the west line of said lot a distance of 10. 00 feet;
thence North 89 degrees 49 minutes 46 seconds East, parallel
with the South line of said lot, a distance of 48 . 00 feet;
thence due South, parallel with the west line of said lot, a
distance of 10 . 00 feet to the south line of said lot; thence
South 89 degrees 49 minutes 46 seconds West along the south
line of said lot a distance of 48 . 00 feet to the point of
beginning at the southwest corner of said lot and there _ __. -
terminating; and
Commencing at the northwesterly corner of Lot 2, Block 1,
Carroll Center Fourth Addition; on file and of record at the
Recorder ' s Office, Dakota County, Minnesota; thence due South
along the west line of said lot a distance of 34 . 00 feet;
thence North 89 degrees 49 minutes 46 seconds East, parallel
with the north line of said lot, a distance of 48 . 00 feet;
thence due North, parallel with the west line of said lot, a
distance of 34 . 00 feet to the north line of said lot; thence
South 89 degrees 49 minutes 46 seconds West along the north
line of said lot a distance of 48 . 00 feet to the point of
beginning at the northwest corner of said lot and there ---
terminating.
EASEMENT FOR SIGN ACCESS, MAINTENANCE, AND UTILITY.SERVICE: .
A strip of land fifteen feet (15 ' ) in width over.. that northerly part of Lot 2,
Block 2, Carroll 'Center Fourth Addition,Dakota County, Minnesota, lying seven and
one half feet (7 1/2' ) on either side of the fallowing described line:
Beginning at the northwesterly corner of Lot 2, Block 2, - - - - -"
Carroll Center Fourth Addition, on file and of record at the
Recorder ' s Office, Dakota County, Minnesota; thence due South
along the west ,line of said lot a distance of 12. 00 feet to the
point of beginning of the line to be described; thence North 89 _
degrees 49 minutes 46 seconds East, parallel with the north
line of said lot, a distance of 340 . 00 feet to the east line of
said lot and there terminating.
EXHIBIT 1 1 OF 2
" SIGN AND ACCESS EASEMENT
}� /1 s--, I J I _.__ --
1 1 `.I I I
• 1
1
135 . 00 — " ` EC . 04 '1
1 Q I
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1 0
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in o
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n
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ii
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o
i cc
I z lj ACCESS EASEMENT ''
o 1 1-1SIGN EASEMENT
LCJ 1 Hj U'
ri 0
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60
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EXHIBIT C 2 OF 2
SIGN AND ACCESS EASEMENT
•
EXHIBIT D
MONUMENT/PYLON SIGN
SIGN COPY ;AREA
110 ft2'
Maximum height of sign above grade: Twenty-four feet (24')
Maximum area of sign: One hundred ten square feet (110 ft2)
-i
12/20/2024
Gaslight Drive Park & Ride
Disclaim Interest in Easements
Economic Development Authority May 23, 2024
Apple..
Valley
1
Location Map (15584 Gaslight Drive
Ti_ aimmmars ",------,-......_....---,41
, rAPPIetVSat rn
; -- CARROLL CENTER FOURTH ADDITION.... It: --
:LI I *n64
11
15584
,—
Tr....rillf-1. IRO"' ' • 41 I3oi -
WHITNEY DR ' --7..,,,..-t_..1 =31512, : 11119
kT
eastot , ,t,
°tat OT A il
P.tle
.,ro - ,,,,.i. : ,
tJ 4 I ,
41'It zi 4 ,
, !i ; ,... , 0
i. .... ....
15635 %•-,
0,pecor ,:ii 4. r
a, •
,
Z Decor I
i.e,i'Zili,'
:.....
\ "I'' Ilk. Apple
_ Valley
.,. \
\ \.‘
2
1
12/20/2024
Request
Consider Disclaimer of Interest in Easements
Red Robin 15560 Cedar Ave
Floor and Decor (former movie theater) 15635
Gaslight Dr
APpVaIley
3
Three Easements
Reciprocal Cross Parking Easement
Sight Line Easement
Signage and Sign Access Easement
APpVaIley
4
2
12/20/2024
Easements
Sight Line Easement Signage and Sign Access
i! qc
— BIEECiez r
I '''''' ' '''''' ''''' ''''' 1 t
'�: s I ¢ iiiir L I -ram{
. • ,n'iFormer 4 - ,� r Park&Rde ht d
�` :Al Gasll ht (r
Ate' I 'tit { R° �I.' Park&Ride i cci.s l 'f rl.71 IL' „',
iptil
� � 3.1 Ac41' � � a,' �
idPf ,� eeeeme t L ,
04 j
� � �� �Til/i � - ''�d'c941
# y
� 'gyp« 1 , \7.
v• � A E9n � ;�4iQlI, , ell'I . M} eP ..
flflfl ,• a
1:'
P' *� .t a P:', �F n u •'d r n Apple
Valley
Recommended Action
Adopt Resolution Authorizing Execution of Disclaimer of
Interest in Easements on Lot 1 , Block 1 , Carroll Center
Fourth Addition (15560 Cedar Ave, Red Robin Property).
Adopt Resolution Authorizing Execution of Disclaimer of
Interest in Easements on Lot 2, Block 1 , Carroll Center
Fourth Addition (15635 Gaslight Drive, Floor and Decor
Property).
AppValley
6
3
12/20/2024
QUESTIONS?
APpVlalley
7
Sight Line Easement
_.
_ _ _
CARROLL CENTER FOURTH ADDITION CARROLL CENTER FOURTH.ADDITION
$ :n-'-f.: ,, ' '1-.'' 0 " - - _
t„xxr : E
M10,0
k � y
°e^ dNen° / ;ice�' X`. \^�'\
9
T.
I i I V A - ';', I. aEs
a goy i,
D -_.. 2 OF 2
EXHIBIT C SIGHT LINE EASEMENT 2 OF 2 EXHIHI_ SIGHT LINE EASEMENT
8
4
12/20/2024
Signage and Sign Access Easement
r,,
d
I 1
I Q
89°49'46°E 205.00 j `
N89 49'46
L I 0 g N69°4946E m -_
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aL 1 — '' w L,
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I of •I EASEMENT 1 ACCESS SAE-
�° I . .
1 ,,r-- _,.l °I,'
W EXHIBIT C 2 OF 2
SIGN AND ACCESS EASEMENT
9
5
• ITEM: 4.B.
• ••
•••
••• EDA MEETING DATE: May 23, 2024
Apple
Valley SECTION: Regular Agenda
Description:
Convene into Closed Session to Discuss Potential Sale of EDA Owned Property- The Gaslight
Site - 15584 Gaslight Drive
Staff Contact: Department/ Division:
Tim Benetti, Community Development Director Community Development Department
ACTION REQUESTED:
Convene in closed session, under exception to the open meeting law, to review and consider
real property appraisal information related to EDA-owned lands identified as The Gaslight
Site, located at 15584 Gaslight Drive. Staff also requests direction on how to proceed with
any potential sale or development of this site.
SUMMARY:
On January 25, 2024, the Apple Valley Economic Development Authority (EDA) met to
review and discuss the potential sale and development on the Gaslight Site. Planning staff
presented a report indicating the City had received an unsolicited proposal from a local
developer seeking to purchase this site for a high-density residential development, and staff
requested the EDA provide direction on how to proceed with this request and potential
sale. This site is legally owned by the EDA.
The EDA directed the City Attorney to have a real property valuation (appraisal) completed
on the subject site; and upon completion, have said appraisal brought back to the EDA for
further consideration.
The appraisal is complete, and staff requests the EDA meet in closed session during the
regular session of the May 23rd EDA meeting, in order to review confidential or protected
nonpublic appraisal data and information as outlined in Minnesota Statutes 13D.05, Subd.
3(c).
BACKGROUND:
The Gaslight Site consists of 3.1 acres; and is generally located at the SE corner of 155th
Street and Gaslight Drive, and immediately south of the Apple Valley (MVTA) Transit
Station/Parking Ramp. The site is guided "SIHD" (Suburban Intensive High Density
Residential) and is situated in the PD- No. 507 District, Zone No. 2.
The Gaslight Site was originally acquired by the EDA in 1997; and shortly thereafter around
March 1999, the EDA and MVTA entered into a 90-year lease agreement ($1.00 annual
rent), which allowed MVTA to improve and use the site for a mini-transit hub station and
364-space park-and-ride facility. Since the upgraded ramp improvement on the nearby Transit
Station in 2020, and partly due to the residual effects of the pandemic, this park-and-ride has
seen a significant drop in users and remains virtually empty or underutilized today.
At this time, planning staff is working with MVTA and Metropolitan Council officials in
releasing their interests in the property. This interest is not only related to the leasing-rights
and arrangements between the City and MVTA, but also extends to earlier grant funds and
financing that were received from the Met Council. The City Attorney has prepared quit-
claim deeds for both agencies, and staff anticipates both groups will execute those deeds very
soon.
Planning staff is also working with the attorneys on the release of various agreements and
easements that may impact the site, including a restrictive covenant agreement, off-premises
sign and access easement, and a sight line easement, all of which were executed in or around
the initial development of the park-and-ride facility. The EDA is being asked to authorize
the release of this agreement and easements under separate action at the May 23rd meeting.
BUDGET IMPACT:
If the City Council elects to proceed with the sale of this property, the City will receive
significant revenue proceeds from said sale; and the future (expected) development of the
property will generate additional property tax revenue for the community.
ATTACHMENTS:
Location Map
15584 GASLIGHT DRIVE
pow— •r-4 -
halbr .s., —v•-••• Air. • '.
Lirf i i L` ), 4�
i
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Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed. Map Scale
; F, 4 This is not a legal document and should not be substituted for a title search,appraisal,survey,or 1 inch = 150 feet
for zoning verification. 1/17/2024
12/20/2024
Discussion of Gaslight Site
15584 Gaslight Drive
Economic Development Authority Meeting
May 23, 2024
Apple
lley
1
Information
ii r ,ig I.:..4,1..4 ; „.,. ' , -..'
Gaslight Site ,�; ,�=�e�°''mow, . 10ryll
Mulei_ �.� a
generally located SE corner of "' -'' '"
155th Street & Gaslight Drive; I ..1,,_,4 , i .
l' _ � -
South of the main MVTA Transit `n -1' _..- , I. '�
Hub and parking ramp structure -- ,
,t.:4
it `1i
3.1 acres �„ 'i •
d •
i "� 'L 4 'r Apple
Site owned by the AV EDA y ' Valley
2
1
12/20/2024
• Guided "BIRD" ,�
Suburban Intensive t
_ s
High-Density Res. INS
z
_ _ J
SIHD allows 24-48 LD �;:�
un./ac. LD o y�d Subject Site
(3-ac. = 75-148 units) P w INS '%� 15584 Gaslight Dr.
LD O MD ..
PD-507, Zone No. 2. ( .. ,
a,k;a. LD MD + INMI
S_.. a, _ W ,_„':.MD
• Apartments 2+stories �r SIR► ' a 4 u.�
are permitted use t- INS I HD HD 0 • � Q
under the PD- �»� PM
li
MDD z
F3
MD —LD AMP„ �nw N1A "`B'� 3- Apple y
MD _1I I I y..,,m D . ii i i
3
Information imii--- .4.
• 1997-Gaslight Site acquired by the EDA
I
• March 1999— EDA and MVTA entered into a 1`STATION - —
90-Yr. Lease Agreement(exp. Dec. 2088) /_ _ —
• 364-space lot w/mini transit hub station ! _k� v��_,�sr „
• P&R lot was used extensively by number of
local commuters until a new parking ramp
1 structure completed in 2009 (north of site)
• Ramp expansion completed 2020 — — �_________
• Due to pandemic, site has seen a significant
drop in riders or users from this site, and it
remains virtually empty or under-utilized for
this area. A"Pvalley
4
2
12/20/2024
EDA Options (01/25 Meeting)
1. Direct staff to have an appraisal performed on the subject property.
2. Upon completion of the appraisal:
a. begin negotiations and work directly with the developer;
b. direct staff to market and offer the land for sale on the local
real estate market; review and present offers back to EDA
c. direct staff to prepare and advertise for RFP's
3. Cease negotiations or contact with the proposed developer;
maintain city ownership of the property; and continue to honor the
obligations of the lease agreement with MVTA
AppVlalley
5
Options to Consider
Does the EDA wish to keep the land for future economic development
needs that may benefit the community?
OR
Does the EDA wish to sell the property? If so, it may direct Staff to
begin facilitating the process for the sale of the property.
AND
Does the EDA have any opinions regarding the current zoning uses for
the site and any possible use changes?
APPValley
Questions for Staff?
6
3