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HomeMy WebLinkAbout99-53 RESOLUTION 99-53 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: 15301 Edinborogh Avenue; 15322 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. Mader Kedrowski Petersen Schenck Wuellner YES X X X X X NO {Seal} 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 \\fs 1 \sys\dept\planning\99fi1es\99subjec\99-01 O\rs99xxcrtdo~QUAL OPPORTUNITY EMPLOYER PAGE 1 EXHIBIT A 15301 EDINBOROUGH AVENUE, LEGALLY DESCRIBED AS: LOTS 30 AND 31, MAPLE PARK SHORE ACRES, SCOTT COUNTY, MINNESOTA 15322 FISH POINT ROAD, LEGALLY DESCRIBED AS: LOT 2, BLOCK 1, MAVES 2ND LAKE ADDITION, SCOTT COUNTY, MINNESOTA \\fs 1 \sys\dept\planning\99fi les\99subj ec \99-0 I 0\rs99xxcc .doc PAGE 2