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County to sell gravel pit subject to covenant protecting adjacent law-enforcement shooting range
Summary
The Commission approved Resolution MC20-78 to convey the surplus Minnehaha County Gravel Pit at auction with a deed covenant warning buyers that an adjacent shooting range will continue operations; the covenant requires buyers to accept noise and prohibits claims against the county for range operations.
Carol Muller, commission administrative officer, presented Resolution MC20-78 to insert covenant language into the warranty deed for the surplus Minnehaha County Gravel Pit (Record No. 93053).
The covenant notifies potential buyers that adjacent county-owned land is used as a law-enforcement shooting range and that buyers, their heirs or assigns may experience noise, smoke, vibrations or other inconveniences normally associated with range operations. The deed language requires grantees to accept these conditions, waives claims against the county for interference with quiet enjoyment related to the range, and provides the county remedies including injunctive relief and recovery of attorney fees if the covenant is breached.
The Commission approved Resolution MC20-78 by roll call vote. The action preserves continued sheriff’s office training operations while allowing the county to proceed with the previously authorized auction sale of the surplus parcel.
