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HomeMy WebLinkAboutCity Council Resolution 1993-685CITY OF PLYMOUTH RESOLUTION NO. 93- 685 DECLARING ALLEYWAY OPEN FOR PUBLIC USE ELMHURST ADDITION WHEREAS, Scott and Ruth Aulberg, owner of the property at 12015 26th Avenue have requested that the alleyway within Elmhurst Addition southerly of their property be opened for public use; and WHEREAS, a petition has been submitted by all but one of the adjacent property owners stating they have no objection to opening this alleyway. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the alleyway as platted in Elmhurst Addition lying north of Lots 11, 12, and 13. Block 1 is declared open for public use subject to the following conditions: 1. The owner of 12015 26th Avenue shall be responsible for the cost to open the alley and provide a driving surface which can be used for the necessary access to this property. 2. The alleyway shall be constructed within the platted public right-of-way. 3. The owner of 12015 26th Avenue or any other adjacent property owner using the alley for access shall be responsible for its continuing maintenance. The City will not provide any maintenance for the alley. 4. Owner of 12015 26th Avenue shall enter into a recordable contract with the City of Plymouth to construct and maintain the alley as set forth above. The contract shall be in a form acceptable to the City. 5. The two existing large trees adjacent ,to the north line of the alley and behind 12025 26th Avenue shall not be removed to open the alley. Adopted by the City Council on October 18, 1993.