HomeMy WebLinkAbout4C - Cancel Bluff Indemnificati
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
FISCAL IMPACT:
ALTERNATIVES:
CITY COUNCIL AGENDA REPORT
JUNE 7, 1999
4C
JENNITOV~PLANNER
DON RYE, PLANNING DIRECTOR 53
CONSIDER APPROV AL"OF RESOLUTION 99~
NULLIFYING THE BLUFF INDEMNIFICATION
AGREEMENTS FOR SPECIFIC PROPERTIES
Hi.~tory: On April 19, 1999, the City Council adopted Resolution 99-
23 (see attached). This resolution nullifies the Bluff Indemnification
Agreements for specific properties.
Current Circumstances: It has since been brought to staff s attention
that at least one property was not included on Resolution 99-23. To
ensure additional properties were not missed, staff reviewed all
building permit files for permits issued in 1998 and 1999. Two
properties were inadvertently left off Resolution 99-23. These permits
were for the properties listed below:
15301 Edinborough Avenue
15377 Fish Point Road
The property owners recorded an indemnification agreement as part of
the building permit requirements for these properties.
Conclusion: In order to resolve the oversight, the City Council should
adopt the attached resolution.
Budget Impact: There is no budget impact as a result of this
resolution.
The City Council has three alternatives:
1. Adopt Resolution 99-XX as part of the Consent Agenda rescinding
the recorded indemnification agreements for the listed properties.
2. Deny Resolution 99-XX.
3. Defer this item and provide staff with specific direction.
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
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RECOMMENDED
MOTION:
REVIEWED BY:
The staff recommends Alternative I. A motion and second adopting
Resolution 99-XX.
.
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RESOLUTION 99~
RESOLUTION NULLIFYING THE BLUFF INDEMNIFICATION AGREEMENTS FOR
SPECIFIC PROPERTIES
MOTION BY: SECOND BY:
WHEREAS: the Prior Lake City Council adopted Ordinance 98-01 on January 12, 1998; and
WHEREAS: this ordinance requires that the owner of property with a bluff must "prepare
and record a declaration of covenants, conditions and restrictions in a form
acceptable to the City Attorney which provides for owner maintenance of all
manufactured slope areas, acceptance of all risks and liability associated with
those areas and indemnification of the City from all associated claims "; and
WHEREAS: the owners of the following properties have all recorded indemnification
agreements as part ofthe building permit requirements:
15301 Edinborogh Avenue
15377 Fish Point Road;
and
WHEREAS: on February 16, 1999, the City Council adopted Ordinance 99-02, adopting a
comprehensive new Zoning Ordinance for the City of Prior Lake; and
WHEREAS: this ordinance eliminates the need for the bluff indemnification agreements.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
PRIOR LAKE, MINNESOTA, that:
1. The above recitations are herein fully incorporated as set forth above.
2. The indemnification agreements for each of the properties listed above are legally described
on attached Exhibit A.
3. The City Council of Prior Lake hereby declares the indemnifications null and void.
4. Pursuant to the adoption of Ordinance #99-02, the City Council of the City of Prior Lake
hereby consents to the removal from title of the indemnification agreements recorded against
the properties listed in Exhibit A.
Passed and adopted this 7th day of June, 1999.
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
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YES NO
Mader Mader
Kedrowski Kedrowski
Petersen Petersen
Schenck Schenck
Wuellner Wuellner
{Seal}
City Manager
City of Prior Lake
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EXHIBIT A
15301 EDINBOROUGH AVENUE, LEGALLY DESCRIBED AS:
LOST 30 AND 31, MAPLE PARK SHORE ACRES
15377 FISH POINT ROAD, LEGALLY DESCRIBED AS:
LOT 2, BLOCK 1, MAVES 2ND LAKE ADDITION
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RESOLUTION 99-23
RESOLUTION NULLIFYI1'lG THE BLUFF INDEMNIFICATION AGREEMENTS FOR
SPECIFIC PROPERTIES
MOTION BY: Kedrowski
'SECOND BY: Petersen
WHEREAS: the Prior Lake City Council adopted Ordinance 98-01 on January 12, 1998; and
WHEREAS: this ordinance requires that the owner of property with a bluff must "prepare
and record a declaration of covenants, conditions and restrictions in a form
acceptable to the City Attorney which provides for owner maintenance of all
manufactured slope areas, acceptance of all risks and liability associated with
those areas and indemnification of the City from all associated claims "; and
WHEREAS: the owners of the foUowing properties have aU recorded indemnification
agreements as part of the building permit requirements:
3030 Fairview Road
16085 Northwood Road
16099 Northwood Road
16033 Northwood Road
16077 Northwood Road
16087 Northwood Road
16091 Northwood Road
4231 Quaker Trail
15380 Red Oaks Road
3440 Twin Island Circle
and
WHEREAS: on February 16, 1999, the City Council adopted Ordinance 99-02, adopting a
comprehensive new Zoning Ordinance for the City of Prior Lake; and
WHEREAS: this ordinance is effective on May I, 1999; and
WHEREAS: this ordinance eliminates the need for the bluff indemnification agreements.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCrr.. OF
PRIOR LAKE, MINNESOTA, that:
J
16200 E~g9~nei'<f~~u.1\'8k~n~~9,\'t3ir6rd'Eake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6Pt8a47-4245
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1. The above recitations are herein fully incorporated as set forth above.
2. The indemnification agreements for each of the properties listed above are legally described
on attached Exhibit A.
3. The City Council of Prior Lake hereby declares the indemnifications null and void as of May
1, 1999.
4. pursuant to the adoption of Ordinance #99-02, the City Council of the City of Prior Lake
hereby consents to the removal from title of. the indemnification agreements recorded against
the properties listed in Exhibit A.
5. This resolution is effective on May 1, 1999.
Passed and adopted this 19th day of April, 1999.
Mader
Kedrowski
Petersen
Schenck
Wuellner
YES
X
X
X
X
Absent
NO
Mader
Kedrowski
Petersen
Schenck
Wuellner
Absent
{Seal}
I
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EXHIBIT A
3030 FAlRVlEW ROAD, LEGALLY DESCRIBED AS:
LOT 7, BLOCK 8, FAlRVIEW BEACH
16085 NORTHWOOD ROAD, LEGALLY DESCRIBED AS:
LOT 94, NORTHWOOD ADDITION
16099 NORTHWOOD ROAD, LEGALLY DESCRIBED AS FOLLOWS:
LOT 89, NORTHWOOD ADDITION
16033 NORTHWOOD ROAD, LEGALLY DESCRIBED AS FOLLOWS:
LOT 118, NORTHWOOD ADDITION
16077 NORTHWOOD ROAD, LEGALLY DESCRlBED AS:
LOTS 96,97, AND THE WEST \12 OF LOT 98, NORTHWOOD ADDITION
16087 NORTHWOOD ROAD, LEGALLY DESCRIBED AS:
LOT 93, NORTHWOOD ADDITION
16091 NORTHWOOD ROAD, LEGALLY DESCRIBED AS:
LOT 92, NORTHWOOD ADDITION
4231 QUAKER TRAIL, LEGALLY DESCRIBED AS:
LOT 23, MAPLE PARK SHORE ACRES, EXCEPT ROAD
15380 RED OAKS ROAD, LEGALLY DESCRIBED AS FOLLOWS:
LOTS 24 AND 25, RED OAKS
3440 TWIN ISLAND CIRCLE, LEGALLY DESCRlBED AS FOLLOWS:
LOT 25, TWIN ISLES
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