HomeMy WebLinkAbout2006-11-14 CC Meeting Packet Enclosure♦♦ w� f ri.-
Oak Park Heights
Request for Council Action
Meeting Date
Time Required
November 14"', 2006
I . Minute
Agenda Item Title: Release of Real Pro rt Covenant /R..esti•iction — Carol Palmquist
Agenda Placement -- Consent Agenda
Originating Department /RO
Requestcr's Signat
Action Requested' App rov
solution
Background /Justification (Please indicate if any previous action has been taken or if other pudic
bodies have advised)
The City has been requested by Labe Elmo resident, Ms. Carol Palmquist to release a
covenant /restriction ftom a property lying directly south of her home in the Oak Park
Heights, Kern Center area. This covenant/restriction requires that a 'berm' be
maintained on the site shielding her property from the Kern Center Area and was
F) by Ms. Palmquist and the previous land owners when the property was in
Baytown Township,
Will Zintl has recently purchased this property and wishes to develop such site.
However in order to develop such site this covenant/restriction must be released and
requires the approval of Ms. Palmquist, the land owner (now Will Zintl) and the City.
Ms. Pah and Nor. Zintl have cone to an agreement for the termination of such
requirement,
S taff does not object to the removal of this essentially private covenant/restriction and
recommends that the City . adopt - th att ached r esolution appropriately te . hatin the
covenant/r The Resolution does not however grant approval of any particular
development or waive any of the City's zon ing authorities.
Johnson.. City Administrator
Page 10 of 86
RESOLUTION NQ.
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
.A RESOLUTION CONSEN "I`ING TO THE RELEASE OIL
DEAL PROPERTY FROM EXISTING DECLARATION, DECLARATION
OF NEW COVENANTS, CONDITIONS AND RESTRICTIONS
WHEREAS, certain Declaration of Covenants, Conditions and Restrictions were
dated October 21 , 1994 \vhic.h were recorded with the Washington County Recorder on December
l 3, 1 994 as Document No. 825980; and,
W -t-JEREAS, said document placed certain restrictions on i.niprovements to real
property located then within the Town of Baytown and now within the City of Oak lark Heights as
a result, of annexation occurring in 1 997; and,
WHERE WATE Enterprises, Inc,, a Minnesota_ corporation, is the owner of real
property located at Lot. 3, Block 2, Kern Center 2 "" Addition; and,
WHEREAS, STATE Enterprises, Ine, intends to place certain improv rnents on its
property, ine ltidHi.g the construct of a building) on the far vest side of the propefty, removing
ex isting; bern7; ancl,
WHERE .AS, the ��forementioned Declarations provide for the opporttinity for
adjacent property owners and the owner of the lot to release the property f roni the restrictions, as
well as requiring the consent. of the local pvernment unit which, in 1994, was Baytown Township
and which at the present: time is the City of Oak Park Heights as a. result of annexation of the
property occurring in anproxinlately 1997 - , and,
WHEREAS, all property owners impacted by the Declarations have consented to
the release of those declarations as against the properly owned by WA.rrf� Enterprises, Inc., being
Lot 3, Block. 2, Kern. Center 2 "" Addition; and,
WHEREAS, WA.TE Enterprises, Inc. has requested the consei)t of the City of oak
Park Heights to release the aforementioned Declarations; allcl,
W HEREAS, the City of Galt Park l-leights, by releasing the conditions imposed by
said I ecla �atio� s, does not in any way waive, release or otherwise forfeit its reo-tilatory control
under its zoning and subdivision ordinances relative to this property.
Page 11 of 86
NOW, THEREFORE, BE IT RESOLVED, by the City Council or the City of
Oak Park Heights that the City Adi is herewith authorized and directed on be half of the
City of Oak Park Heights to sigh a consent to the release of lands, being Lot 3, Block 2, Kern Celiter
2Ild Addition, from the aforementioned Declarations.
Passed by the City Council for the City of Oak Park Acights this clay of October,
2006.
David Beaudet, Mayor
ATTEST:
Eric Johnson
City Administrator
Page 12 of 86