Loading...
HomeMy WebLinkAboutCCRes_84-15C7 CITY OF FALCON HEIGHTS Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Falcon Heights, Minnesota, was held on the 25th day of April, 1984. The following members were present: Mayor Eggert, Councilmember Hard, Baldwin, Ciernia and Chestovich. Mayor Eggert introduced the following Resolution and moved its adoption: RESOLUTION NO. 84-1$ A RESOLUTION PERTAINING TO THE CONSTRUCTION OF A DWELLING IN A "NO BUILD" AREA WHEREAS, the City of Falcon Heights, by Resolution No. 75-4 dated January 9, 1975, designated an area north of Larpenteur Avenue, east of Tatum Street, north of the present end of Lindig Street, and west of Fairview Avenue as a "No Build" area due to the lack of storm sewer drainage facilities provisions and likely damage to homes from surface drainage of water should homes be • constructed in the area; and WHEREAS, the designated area is irregular in shape and includes only a portion of some lots; and WHEREAS, Mr. Elving Anderson and Mrs. Carol Anderson own the lot hereinafter described, a portion of which lot is within the designated "No Build" area; and WHEREAS, Mr. and Mrs. Anderson plan to sell said lot for residential development; and WHEREAS, excavation and placement of the dwelling could alter in some unforeseen way the natural drainage of surface waters, which water does in fact overflow a portion of the lot in question; and WHEREAS, the City Council wishes to ensure that no adverse effects result from construction of the dwelling in this area. NOW, THEREFORE, IT IS HEREBY RESOLVED as follows: 1. The Building Inspector for the City of Falcon Heights may issue a building permit to Mr. Anderson, or his assignee for construction of a single family dwelling on the following described lot: • • Unplatted lands subject to New Brighton Road the S 94 76/100 ft. of N 1439 90/100 ft. of E 30 acres of SW 1/4 of Section Lot 16 Townblock 29 Range 23, provided the following conditions are met prior to application for the building permit: a. that Mr. Anderson or his assignee subdivide the lot in accordance with the applicable subdivision regulations for the City of Falcon Heights; b. that Mr. Anderson or his assignee present for review and approval by the City Engineer a complete set of plans and specifications for the proposed structure, including grading and drainage plans showing contours and elevations of the subdivided lot, together with a certificate from a professional engineer that the structure will not have an adverse effect on present surface water drainage, plans and specifications for contructing the sanitary sewer and insulating said sewer to the wye; • c. that Mr. Anderson execute an appropriate legal document to be prepared by the City Attorney waiving any cause of action he may have against the City of Falcon Heights as a result of allowing construction of the dwelling, together with an agreement holding harmless the City of Falcon Heights from any causes of action that other property owners may have against the City as a result of allowing construction of the dwelling; d. that Mr. Anderson place of record the legal document referenced in paragraph (c) above, so that said document will be a covenant running with the land and binding upon future property owners of the described lot. 2. All provisions of the Zoning Ordinance in effect at the time the building permit is requested shall be complied with by Mr. Anderson or his assignee, and nothing herein shall be construed as a waiver by the City of any portion of these ordinances, or other laws or ordinances of the City of Falcon Heights. The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Baldwin and upon a vote being taken therein, the following voted in favor thereof: 2 WHEREUPON, the Resolution was declared duly passed and adopted. Passed by the City Council th~~l5t~ ,day of; April, 1984. d Eggert ATTEST: • 3 • AGREEMENT BETWEEN THE CITY OF FALCON HEIGHTS MINNESOTA, AND MR. V. ELVING ANDERSON AND MRS. CAROL ANDERSON This Agreement is entered into this 22nd May 1984, between the City of Falcon Heights, a municipal corporation, and Mr. V. Elving Anderson and Mrs. Carol Anderson, husband and wife. WHEREAS, Mr. V. Elving Anderson and tZrs. Carol Anderson are the record owners of the following described property located within the City of Falcon Heights: Unplatted lands subject to New Brighton Road the S 94 76/100 ft. of N. 1439 90/100 ft. of E 30 acres of SW 1/4 of Section Lot 16 Townblock 29 Range 23 • WHEREAS, Mr. V. Elving Anderson and Mrs. Carol Anderson, husband and wife, intend to sell said property for residential construction. WHEREAS, the City of Falcon Heights, by Resolution No. 84-16 dated April 25, 1984, imposed certain conditions upon the issuance of a building permit to the Andersons or their assignees for the single family dwelling, due to the possible adverse effects on the structure and surrounding property that could occur from the natural drainage of surface waters in the area; WHEREAS, one of the conditions set forth in the resolution is that the Andersons or their assignees execute an appropriate legal document day of to be prepared by the City Attorney waiving any cause of action they or their • -Z- • assignee may have against the City of Falcon Heights as a result of allowing construction of the dwelling, together with an agreement holding harmless the City of Falcon Heights from any causes of action that other property owners may have against the City as a result of allowing construction of the dwelling, and that the Andersons place of record the legal document referenced so that said document will be a covenant running with the land and binding upon future property owners of the described lot; NOW, THEREFORE, it is hereby agreed as follows: 1. Mr. V. Elving Anderson and Mrs. Carol Anderson and their assignee, waive any action or cause of action they may now or hereafter possess against the City of Falcon Heights as a result of the City allowing or permitting • the construction of a single family dwelling on the described lot. 2. Mr. V. Elving Anderson and Mrs. Carol Anderson and their assignee agree to hold harmless the City of Falcon Heights from any actions or causes of action that other property owners may now have or hereafter possess against the City of Falcon Heights as a result of the City allowing or permitting the construction of a single family dwelling on the described lot. This agreement shall include any costs of defense, expert witness fees or attorney's fees incurred as a result of the commencement of any action against the City. 3. This Agreement or convenant shall be construed as one running with the land, and binding upon all subsequent record owners of the described property. • -3- • Mr. V. Elving An erson ~~ ~, Mrs. Carol Anderson TY 0 LC I HTS b Its Mayor STATE OF MINNESOTA ) ss. COUNTY OF ) Acknowledged before this~~day of ~~'/a'~~'~' 1984, by Mr. V. Elving --v Anderson and Mrs. Carol Anderson. ~{ Shirley G. Chenoweth NOTARY PIfBLIC •. MINMl~pjy RAMSEY COUNTY commission ®xpiros tan. 31, 1990 STATE OF MINNESOT ss. COUNTY OF ) Acknowledged before me this~~day of 1984, 1984, by Ronald Eggert, M.D., Mayor of the City of Falcon Heights. ~- ` -~- Notary ^ ,~A,v~. . E)ewarr B. Elarnes ~~~~ Notary ~sb4ic 1vEinnesota `.,.• ~ D~iKOT~ CG119~TY . My Commission Expires tan. i7, 1989 Y •