HomeMy WebLinkAboutCCRes_76-29CITY OF FALCON HEIGHTS
pursuant to due call and notice thereof, a cell®drand hed at the City
Council of the City of Falcon Heights, was duly The following members
Hall of said City on June 21~, 1976 at 7:30 P•m•
were present: Acting Mayor Black, Councilmen Ecklund and Steele. The follow-
ing were absents Mayor Warkentien and Councilman Labalestra.
Acting Mayor Black introduced the following Resolution and moved its adoption:
RESOLUTION 76~
RESOLUTION AppROVING RUTH MARTIN'S ~~T~ FEET OFDTHE EAST
OF THE SOUTH 9k.76 FEET OF THE NORTH 1531•
30 ACRES OF THE SOUTHWEST 1/~t OF SECTION 16, TOWNSHIP 29 NORTH,
WEST E7CCEPT TIC EAST 290.70 FEET OF SAID 30 ACRES,
RANGE 23 , F ACCORDING
SUBJEC UNITED~STATE GOVER~iMENTT S[TRVFY 1THEREOF. ~
Ta THE
WaEREAS, Ruth Martin is the owner of certaesidence s nd located in the
City of Falcon Heights used for single-family ~
yi~EAS, said owner has submitted to the City Council plans and data
pursuant to Ordinance No. 69, Paragraph 3, of said City for a proposed plan for
a subdivision of an existing lot by metes and bounds description, June 21~, 1976'
Said ro osed subdivision is hereby approved
NOW, ARE, BE IT RESOLVED, P P
by the City Council of the City of Falcon Heights, dated Junen3, 976,~~~tted
• Certificate of Survey of Charles 0. Georgi Company
to the City of Falcon Heights ;Oo conditionsnin1F..xhibit ' Ae attached~.inistrator
thereof subject to the following
The motion for the adoption of the foregoing Resolution was duly seconded by
on a vote being taken thereon, the following voted in favor
Councilman Steele and up
thereof: Acting Mayor RLacr , o° said Resolution was dec7 red dulyepassed and
voted against. None. Whe up
adopted.
This Resolution shall take effect and be in force from and after its passage.
Passed by the City Council this 21~th day of June, 1976•
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William H. Black, Acting Mayor
Attests
swan B. Barnes, lark-Administrator
Regular meeting of June 2l~, 1976
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AGREEMENT BETWEEN THE CITY OF FALCON. iEIGTI'I'S,
MTNNESOTII, AND PqR. `GLENN O. MARTEN,
COLLEEN L. MARTEN, AND RU'S'H H. MARTIN
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'1hi.s, Agreement is entered into this ~v~~_,~~~ ~°~ airy c~:
June; 1976 between the City; of: }~'a.lcoaz Heights a ~a znuric°i;a~.~l
corporation, and Ruth H-...martin, a single ~~ersor~, ar}c~ G`12~.~n O.
Martin, and Colleen L, Martin, husbaYZd and ~ri.fe.
WHEREAS,: Ruth L. .Martin. is the record o~vraer of-' the
followinq described property located within the City of F'al.corl
Heights:
The South 94.76 feet 9%E,,the Nort~t~
1534.66 feet of the East 0 acres of tl~.e
.Southwest 1/4 of Section 16, ~:'c~r~rnsl"12p ~9
• North, Range 23 West, e~acept thc~ ~,ast
290.70 feet of said 30 acres, subject to
Lindig Sheet over the ;;+est l9 fee~~:.
thereof.
WE~ER~:~AS, Glenn' O. P~tartirY and Colleen T~, Martin, husband
and .wife, have entered into. an ag.reernent to purchase said ~~;roper-ty
and ..plan to erect thereon a single family dwelling;
WHEREAS, the City of Falcon Heights, by Resolution
No. 76-8< dated March 11; 1976, imposed certain,coa-iditians u~nr-r
the issuance of a wilding permit to the Martins for the single
family dwelling, due to the possible adverse e~f~cts en the
-structure and surrounding property that could occur frrJm the
natural drainage of surface waters in the area;
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V~HEREAS, one of the .conditions. set forth in. the
resolution is that `.Mr. Martin execute an appropriate ,lec~ul
.document to be prepared by the City Att~rrrey waiving any:: cause
of action;he may have against thF~ ,City: of Falcon Fieight~ as a
result of allowing construction of the dwellirtc~ , toc~~ thex' with
an agreement hording ...harmless the City of Falc:oit i-Te_ic~lt;~ frorr~ aray
causes of action that other property owners may have ac~~,z-~-~lst L-.he
City as a result: of .allowing construction of the _dwe:l_l~.rzg-, arzd
that Mr. Partin place of retard the legal dacutnr~nfi-.~ ~°e%e~c~rzc,~~~~.
so that said document will be a covenant ruriniriy wi.tlz -thy ~_azz<;i
and binding upon future .property. owner_'s of t}7e ciesc~~.}~c~,~. :Lc~c
NOW '1'~iEREFORF~ , it i s }ierG}~y ac~_ ~=~~~c1 ;a ::. ~ ~ c~, r, .
1. Rtath Fi. l~iartin, G]_ertrz O. 1vI~~~'t~i~a <. i~t r. ;_ ~_ _ _ ~ ?., .,
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Martina. waive arry action or cause of act:~on tlit~~, li"~z~ a ..
.:hereafter pass~ss against 'the City of I'~lc~n ~ieic~izt. ~~.~ ~x ,-c~~:=is~,~.t
of the. City allowing or permittir7g the conc~trurtiolz o`: ~~t v~r-1_~:~0
family dwelling on the described lot.
2. Ruth H. Martin, Glenrr O. Martin and. C~~l.l-r~eia FJ.
Martin agree to .hold harmless the City of >~'~~.7_con llf~-_i.c}fi,~ }rrc~~~~
any actions. or causes of act~.on that other prc:~pm~rty c~~~v~~zter~" zY3ay
now have or hereafter .possess against thr~ c:;ity of I'alc::c:,n f:eic~hts
as a result of the City allov~ing or perrni.t:tirzg t}ie ccatz.a~.~uc.t:i_on
o~ a single family dwLlli.nq c~1 t}7o descri}:red lot. ':I"t-i:i ~ agrec~ruent
shall include' any 'costs of defense, expert ~~atness fees or
attorney's fees incurred as a result of the comraeracenzc~n-t of any
action against the City.
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3 . This agreement or ca~renarYt shall be core i?;c~ued
as one running with the land, .and bind~i_r~ig u~arY all su#.,seque7~~
record owner;; of the. d~scriL-ed ~r-opE.r-ty.
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rtuth II. Mardi,? __ ..__
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Glenn U< 1`~Iar3~~l_...___ _ :_
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t~Uliv~;Il li, i~1tiL'+. iiY __-_..__
C:lt~~ Of ~''d1C:OS"] E.Lf~1t~'lk"..i
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STATE OF MINNESOTA
ss.
COUNTY OF R~MSEY )
Acknowledged before me, a Notary
Public, this ___,~~'da~' of
June, '1976.
(Signatures bf Ruth H. Martins GJ_~r7n U. ;~~u_Y°~=ire,
d of 1 L . _~_ c `
Notary ubl C ` n1~ ~ F~~!'3&~EF~ ~ t~L~ r, a < ;tY
°~ ~ w.~ R~ Cyr ~ :' a r~ s 3 a ~ ,.,
o~.. r
'STATE. OF MINNESOTA)
) ss.
COUNTY OF , ~, )
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Acknowledged be~~re me, a Natar~r ~-r;ia.j:p_i.r•, ~_iY_i.,, "`''
day of J._: ..~,.19`~6® (Pp3~jilzi~~i_r_c"~ a: tii ° ~vi.tY ~c;i~ I'~lrc~n T-icights'
by Mayor Willis_._L: A. a'~irkeY~t~_c~a'i)
Nn ary Public
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~i qty tly {~ll~j~ ~CB f<C:T, i.:.
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