HomeMy WebLinkAboutCCRes_76-08,~
CITY OF FALCON AEv[GHTS
Pursuant to due call and notice thereof are e
gul.ar n sting of the
City Council of the City of Falcon Heights, Minnesota,. was held on the 11th
day of March, 1976.
The following nenbera were present: Mayor Warkentien, Councilmen
Black, Ecklund, Steele, and Labalestra, and the following were absent: None.
Couacilnan Ecklund introduced the following Resolution and nosed
its adoption:
RESOLUTION N0. 76-8
A RESOLUTION PERTAINING TO THE CONSTRUCTION OF A DWELLING
IDT A "NO BUILD" AREA
WHERF~AS, the City of Falcon Heights, by Resolution No. 75-l~
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 Fairriew Avenue as a "No Build" area due to the lack of storm sewer
drainage facilities provisions and .likely damage to hones fron surface
drainage of water should hones be constructed in the area; and
WHERE~iS, the designated area is irregular in shape and includes
only a portion of cone lots; and
• W~~REAS, Mr. Glenn 0. Martin plans to acquire the west one-half
of the lot hereinafter described, a portion of which lot is within the
designated "No Build" area; and
WIiEREAS, Mr. Martin plans to construct a single family dwelling
on the °edge of the "No Bu'i1d" area, that is, a portion of the lot is within
the restricted area, but the dwelling is outside the restricted area; and
WHEREAS, excavation and placement of the duelling could alter
-- -in som® unforeseen way the natural `drainage'of attrface waters, which water
does in fact overflow a portion of ..the lot in question; and
WHEREAS, Mr. Martin has obtained competent engineering adrice
that a dwelling can be constructed on the described lot with no adverse
.effects on the natural `drainage of surface waters, and
WHEREAS, the City Council wishes to ensure that no adverse
effects result fron construction of the dwelling in this area,
NOW, THEREFORE, IT IS HEREBY RESOLVED as followas
1. The Building Inspector for the City of Falcon Heights nay
issue a building perait to Mr. Glenn 0. Martin for construction of a single
•
.. ~.
~--
Resolution No. 76-8
Fage Two
•
famil,~r dwelling on the following described lot:
Unplatted lands sub to New Brighton Road the S 9!~ 76/100 ft.
.~ of N 1531 66/100 ft. of E 30 acres of SW 1/1~ of Section Lot
16 Townblock 29 Range 23,
provided the following conditions are net prior to application for the
building perndt:
a. that Mr. Martin subdivide-the lot in accordance with
the applicable subdivision regulations for the City
of Falcon H®ightg;
b. that Mr. Martin present for review and approval by
the City Engineer a complete set of plans and speci-
e fications fora. the ;imposed 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;
c. that Mr. Martin execute an appropriate legal
document to be prepared by the City Attorney
wai~^3.ng 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 harmeas the City of Falcon
Heights Erma atxy causes of action that other
property own®rs may have against the City as a
result of allowing construction of the dwelling;
d. that Mr. Martin 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 Ordinance b4 as amended in regard to
zoning and Ordinance No. 103 as amended, in regard to building permits,
shall be complied with by Mr. Martin, 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 Councilman Labalestra, and upon a vote being taken thereon, the
following voted in favor thereof: Mayor Warkentien, Councilmen Black, Ecklund,
Steele, and Labalestra, and the following voted against the same: None.
r
Resolution No. 76-8
Page Three
WHEREUPON, the Resolution was declared duly passed and adopted.
Passed by the City Council this llth day of March, 1976.
I
!' .
~ -,
ALL-' ~~.~.- ~ ~ ll , ~ ~ . `~~ < <, .~ ~e-~%
WILLIS C. A. WARKENTIEN, Mayor
ATTEST:
.°
swan B. Barnes, Cle Adrninis rator
ROAD EASEPnENT
~~~ i
THIS 2NDENTURE, Made this ~_day of_ c~ {~ .~c= 1976
.between Ruth H. ~?~rtin, unmarried, party of '
the,~,_~.rs, part and
the Vi1lac~e of Falcon Heights, a riunicipal corporation under
the laws of the State of Minnesota, party of the second part, `
t^7ITNESSETH, that the said parties of the first dart in
consideration of theesum of One anc? 00/100 01.00) TJollar to
them in ..hand paid by the said partyof_ the second part, the
receipt herewith is hereby acknowledged'do heroby Grant, Bar
gain, suit Glaim, and'Convey unto thes~.id party off= the-secoizd
part its successors and assigns, forever an easement for road
.purposes `over and across the following.tract or parcel o:~ land
lying and being in the County e.f_ Ramsey and state of A?innesota,
described as follows, to-wit:
A tract of land bounded on the tdorth and on
the tSouth by he '[r~esterl.v extentions of, the North and
.South lines of the fallowing described tract, to-wit,
the :.South Ninety-four and 76/100:..(594.76') feet of the
North One Thousand Five Hundred mhir_ty-~_f_~ur and 66/10.0
(N1,53~.66°) feet of the East Thirty-(30) acres of the
Southwest One-nuarter (S6a 1/~i) .of Section Sixteen (16) ,
Township Twenty-nine North (T29N), Rance Twenty°three.._
T~~est (R23[~~7);'bounded on the T~7est by the Easterly :right
of-way line of Lindig Street'as the same is platter? end
laid out, said Easterly line o.f_ said ri~htrof-way line
bein~.One Hundred Sixty-three and 17/100 (163.17') feet
Easterly of :.the t~,7est line. of Lindig Addition and Lindig
:Second Addition; and .bounded on the East by a line drawn
parallel to the said Easterly .right-of-way line of Lindig
Street.. and being Twenty (20') feet.Easterly thereof and`
therefrom.
ID1 TESTIMONY Tr7fiEREOF, the said party- of the first part
has set her hand the day and year first above written.
rr
~ `~,n /'"
Ru H. Martin
STATE OL' P~?INNESOTA )
COUNTv OF RAMSFY )
/ This instrument was acknowledged before me this ~` = day
o~ ` c_-(~. 1976, by Ruth H. Martin. -
~ r
-~
i ~`
Notary nub`lic _____
eEwnr~ u. e...:,•,;:
- Notary F'ut~lle. L7aknia Conr tV, *dinn.
.. ~ . q'
- • f~1V Cnrn rni~ston ExPlres itamraaayyy -:L~^"'~
J~)'~.
__
~..,,..
..--
AGREEMENT BETLVEEN THE CITY OF FALCON HEIGHTS,
MINNESOTA, AND PQR. GLENN O. MARTIN,
COLLEEN L. MARTIN, AND RUTH H. MARTIN
This Agreement is entered into this ~-~~ day of
June, 1976 between the City of Falcon Heights, a municipal
corporation, and Ruth H. r~iartin, a single person, and Glenn O.
Martin and Colleen L. Martin, husband and wife.
WIiEREAS, Ruth L. Martin is the record owner of the
following described property located within the City of Falcon
Heights:
The South 94.76 feet of the North
1534.66 feet of the East 30 acres of the
• Southwest 1/4 of Section 16, Township 29
North, Range 23 West, except the East
290.70 feet of said 30 acres, subject to
Lindig Street over the West 19 feet
thereof.
WHEREAS, Glenn O. P-lartin and Colleen L. Martin, husband
and wife, have entered into an agreement to purchase said property
and plan to erect thereon a single family dwelling;
WHEREAS, the City of Falcon Heights, by Resolution
No. 76-8. dated Plarch 11, 1976, imposed certain conditions upon
the issuance of a building permit to the Martins 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 Mr. Martin 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, and
that Mr. Martin 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 TI3EREFORE, it is hereby agreed as follows:
1. Ruth H. Martin, Glenn O. Martin and Colleen L.
Martin, 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. Ruth H. Martin, Glenn O. Martin and Colleen L.
Martin agree to hold harmless the City of Falcon F3eights 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.
-2-
..-.M ' .
3. This agreement or covenant shall be construed
as one running with the land, and binding upon all subsequent
record owners of the described property.
.>,tY, ~ ' ~ r .~ ~.~'r.
{
Ruth H. Martin
i
` ' ~ ~,~,_
Glenn 0. Martin
~,
`_., _~.. ~.~u..,,,,,_..
Cblleen L. Martin
City of Falcon Heigh~ts_ ,~
i
By ~ ~ . ~~ _- ~ ,.~ /~ ~ -_~r ~/-
Its Mayor
STATE OF MINNESOTA )
ss.
COUNTY OF RAMSEY }
Acknowledged before me, a Notary
Public, this ~~ day of
June, 1976. (Signatures of Ruth H. Martin, Glenn O. Martin,
d oll L. rtin) ~
.tOliA1 ft. KENEFICK
Notary Ubl C NOTARY PUBLIC. Ramsey Cauney, Mfnn
My Corotabaloa Explroa May 10, 1980
STATE OF MINNESOTA)
ss.
COUNTY OF ~~~)
Acknowledged bef re me, a Notary Public, this ~~
day of 1976. (Signature of the City of Falcon Heights
by Mayor Willis A. Warkentien)
No ary Public
`,~1,,.,,iF