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HomeMy WebLinkAboutCity Council Resolution 1977-057CITY OF PI,YM7UIH Pursuant to due call and notice thereof, ameeting of the City Council of the City of Plymouth, Minnesota, was on t 31st day of January , 19 77, The following members were present: Major Hilde Councilmen Hunt, Neils, Seibold and Spaeth were *w• Councilman Hunt introduced the following Resolution and moved its a tion: RESOLUTION NO. 77-57 A RESOLUTION CANCELLING, TERMINATING AND ABANDONING ALL RIGHTS AND CLAIM OF RIGHTS RELATING TO THAT CERTAIN DECLARATION OF PROTECTIVE COVENANTS DATED JUNE 25, 1969 CONCERNING CERTAIN LANDS KNOWN AS THE "LITTLE PENINSULA" WHEREAS, pursuant to and as a condition of a site plan for the development of the hereinafter described lands, the then owners of such lands, to wit: Home Federal Savings and Loan Association, a United States of America corporation, Howard H. Hanifl and LuVerne A. Hanifl, husband and wife, Alen Realty Co., a Minnesota corporation and Capital Mortgage and Investment Co., a Minnesota corporation, referred to as the "Declarers" did, on the'25th day of June, 1969, enter into a Declaration of Protective Covenants and, WHEREAS, said Declaration of Protective Covenants was duly filed and recorded in the office of the County Recorder of Hennepin County, Minnesota on June 26, 1969 as Document No. 945769 and, WHEREAS, no development of such lands as described therein has ever occurred and, WHEREAS, the property is now to be conveyed to other developers and devoted to another manner of development and. WHEREAS, the ordinances and requirements of the City of Plymouth relating to land development have now changed substantially with respect to such property both as to the allowable density of such development and the requirements for public open space and hence the Declaration of Protective Covenants above referred to is no longer relevant and, WHEREAS, in order that such Declaration of Protective Covenants may be removed it is necessary, among other things, that the City of Plymouth terminate, abandon and surrender any rights or claim of rights it may have pursuant to such Declara- tion of Protective Covenants, NOW THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH AS FOLLOWS: 1. The City of Plymouth does hereby terminate, abandon, surrender, waive and release any and all rights and claim of rights it may have under and pursuant to that certain Declaration of Protective Covenants entered into by and between the parties set out in the first preamble hereto which Declaration of Protective Covenants was dated the 25th day of June, 1969 relating to the following described property situated Resolution N Page 2 in Hennepin County, Minnesota -legally described as follows, to wit: Parcel I That part of Government Lot 5, Section 26, Township 118, Range 22, Hennepin County, Minnesota, lying South of the Westerly extension of the North Tine of Lot 21, Block 11 of Medicine Lake Park 1st Division, said Hennepin County. Except the following described land, to wit: Commencing at the Southeast corner of said Lot 5; thence West on the South line of said Lot 5 a distance of 783 feet; thence Northwesterly on a right curve with a radius of 2905 feet to a point on the West line of said Lot 5 a distant 147.5 feet North of the Southwest corner thereof; thence North on the West line of said Lot 5 a distance of 70 feet; thence Southeasterly and East 4 rods Northerly of and parallel with first described line to a point on the East line of said Lot 5 idstant 4 rods North of the Southeast corner thereof; thence South 4 rods to point of beginning, and except that part of the West 207.8 feet of Government Lot 5, measured along the South line of Government Lot 5, Section 26, Township 118, Range 22, lying South of a line commencing at the Southeast corner of said Lot 5; thence West on the South line of said Lot 5 a distance of 783 feet; thence Northwesterly on a right curve with a radius of 2905 feet to a point on the West line of said Lot 5 distant 147.5 feet North of the Southwest corner thereof. Together with and subject to the right of ingress and egress upon subject property and property adjacent thereto. Parcel II That part of Government Lot 5, Section 26, Township 118, Range 22, Heninepin County, Minnesota, lying North of a line drawn parallel to and 500 feet Northerly of the Westerly extension of the North line of Lot 21, Block 11 of Medicine Lake Park 1st Division, said Hennepin County. Together with and subject to the right of ingress and egress upon subject property and property adjacent thereto. The motion for the adoption of the foregoing Resolution was duly seconded byand upon vote being taken thereon, the following voted 11i favor ereo "lhe tollowing voted against or absta - . Whereupon the Resolution was declared duly pass a pt W W Resolution 0 Page 3 Parcel III That part of Government Lot 5, Section 26, Township 118, Range 22, Hennepin County, Minnesota, lying North of the Westerly extension of the North line of Lot 21, Block 11 of Medicine Lake Park 1st Division, said Hennepin County, and South of a line drawn parallel to and 500 feet Northerly of the Westerly extension of the North line of said Lot 21, Except that part thereof lying Easterly of the shore of Medicine Lake and lying adjacent to Medicine Lake Park lst Division. Together with and subject to the right of ingress and egress upon subject property and property adjacent thereto. 2. The City Clerk is hereby directed to prepare a certified copy of this resolution and to cause the same to be recorded in the office of the County Recorder of Hennepin County, Minnesota. The motion for the adoption of the foregoing Resolution was duly seconded by pauncilwpn S�hold and upon vote being taken thereon, the follo`wzng wt in rawr thereof: Mayor Hilde, Councilman Hunt. Neils. Seibold and Spaeth 't he fTlowing voted against orabstained: Whereupon the Resolution was declared duly passed and adopted.