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HomeMy WebLinkAbout99-23 RESOLUTION 99-23 RESOLUTION NULLIFYING 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 following properties have all 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 1, 1999; 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: 16200 Ecig~~nei~~~uA\Yk~n~~:,\~rTMrake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (Sffla47-4245 AN EQUAL OPPORTUNITY EMPLOYER 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 {Seal} r: \counci l\reso 1 uti\p lanres\99\99- 23 .doc PAGE 2 EXlDBIT A 3030 F AlRVIEW ROAD, LEGALLY DESCRIBED AS: LOT 7, BLOCK 8, FAIRVIEW 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 DESCRIBED AS: LOTS 96, 97, AND THE WEST 1/2 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 DESCRIBED AS FOLLOWS: LOT 25, TWIN ISLES r: \counci I \reso 1 uti\p lanres \99\99- 23 .doc PAGE 3