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Home My WebLink AboutUntitled NHD January 19, 1989 SUBJECT: Oak Ridge Place 6060 Oxboro Avenue North Oak Park Heights, MN 55082 Dear Sirs: This letter is to notify you that Oak Ridge Place Apartments have been sold as of 12/21/89 and that NHD Property Management Ccsnpany will no longer be involved in the management of this property, after January 31st, 1990. For information or continuation of service and/or future invoicing, please contact: Oak Ridge of Oak Park Heights Inc. Rental Office 6060 Oxboro Avenue North Oak Park Heights, MN 55082 All invoices with service dates after 12/20/89 should be invoiced to the above. Any invoices previously received have been forwarded for payment to the above. Should you have any questions regarding this transition, please contact our office. Sincerely, I . Hitchcock . / ;11" 4.,.,i Manager K�7H.nes 'tb {� 1 frIPIL i/t; aEo/ Newman, Herfurth&Durand Property Managemer ®s; 3010 Plaza VII Tower,45 South 7th Street,Minneapolis,I..,. �o�,.s 612 349-6900 w2 PAGE 6 a . ' STILLINATER.'EVENING GAZETTE ' j., CJLEGALPUBLICATIONS Evening Gazette,Oct 4e,X989 Evening Gazette,Oct.21,1989 Evening Gazette,Nov 11,1i1i$8 Evening Gazette,Oct. STATE OF MINNESOTA : NOTICE OF MORTGAGE STATE OF MINNESOTA . a':,, .NOTICE OF MORT e COUNTY OF WASHINGTON + FORECLOSURE SALE COUNTY OF WASHINGTON • - : FORECLOSURE' • CASE TYPE:MORTGAGE FORECLOSURE NOTICE IS HEREBY GIVEN, that default . COURT-PRO5ATfr NOTICE IS HEREBY GIV DISTRICT COURT has occurred.in the conditions of that certain . DIVISION ' '` 4 ''',•''.,7•.has Occurred In the„condi TENTH JUDICIAL DISTRICT mortgage dated the 28th day of November, Court Flle No.P8 884892 mortgage, dated the 26th •, • File No.C5.88-413 1986,executed by Joel Dennis Mecheike and NOTICE OF INFORMAL PROBATE OF WILL. '1979, and,executed',by NOTICE OF SALE UNDER Cathleen Childs, husband and wife as mon; AND APPOINTMENT OF PERSONAL REP- , lErickson and Mary,A.Er JUDGMENT OF MORTGAGE , gagors to John W.Kunz and Ida A.Kunz,hus- RESENTATIVE ANO lOTIgg;T9 First Trust National Association,foes ' band and wife,as joint tenants,as m ' TORS '9,4.91.,,,::'gagewe,as paany, DORS,'Do.�• • First Trust Company, ees,filed for record In the'office of the CountyCo • In Re: Estate of WOODROW TORE : Capppor thereafter Inc., as Inden- Mortgage •,Corporatio)•Centr. Trustee and not In Its individual -Recorder of Washington County, Minnesota THORENE, also known as WOODROW T. seeded by merger by KnutsonCePa , lure T tY.' on the 9th day of January,1987 as Document THORENE and as W000.EOW..T�{ORENNi-. *potation,a Delaware.Corpora Plaintiff. No.527378, the original amount secured by Deceased ., ' ` GAGEE,Ailed for record in vs. said mortgage being$35,841.12;that no ac- TO ALL INTERESTED.'PERSONS AND' County Recorder In and:for Oak tdae Place ji P retro/AND.. • tion or proceeding has been instituted at law to. CREDITORS: ' ; : -, Washington and the State'of a nnesota . limitedpannerahip; recover the debt secured by said mortgage,or Notice la hereby given,that'an'application ' the 2nd day of•February,1979 Metroquip, Inc.. a Minnesota cor- any mortgagee,nthereof; rf;that any notice required by for Informal Probate of the above named deco- ads., and recorded-as. '••. partition;SKS Electric Corp.,a Mira •, any note secured there- dent's last will, dated August 9, 1968, has , • sota.con ation; and Lawrence O. by ;he mortgage e�Fifty by,or by law„to be given prior to the corn• been filed with the Registrar herein,a4/!lhq .. by said: being Fifty:i Hauge. tenement of•these proceedings to foreclose application has been granted informally and 0/100 Dollars(551,000,00)° Defendants. said mortgage has been given;that there is Probating such will. Any objections may be' •pr proceeding has been of the NOTICEIS HEREBY EBY GIVEN:That to by v rue due and claimed to be due upon said mort- filed In the above named:Court and the same cover the debt secured by'sai Judgmentp gags, including interest:to date hereof, the will be heard by the Court upon 1)00 7ti ol•lear-,::• any part thereof, and that n 1988,in the action above entitled where it is sum of 538,708.55 and that pursuant to the ing fixed for:such purpose. , e • adjudged among other things that there is due power of sale therein contained, saidmort- Notice Is hereby further given'that informal meneof saidtthis mortgageh mortgage f to the Plaintiff the sum of Three Million Eight holderconditions eceetto has i9 gage will be foreclosed and the tract of land appoingnent of TYRA H.71iORENE,wftosq ' precedent to foredo- Hundred Sixty-six Thousand Two Hundred lying and being in Washington County,Minna address•is 13277 North McKusick Road. coloration of the indebtedness o Thirty-Six and 64/100($3,866236.84)Dollars sots,described as follows,to-wit: . Stillwater,Minnesota 55082.as Personal rep-; and all notice requirements o plus interest thereon from September 15; 1988 , Lot 9,Block 2,Stillwater Ranches,ac- resentative of the estate of the above named.•,andror the mortgage,that the at the legal rate, and that the land therein • cording to the recorded plat thereof on decedent,has been made..Any heir,devisee, • Claimed due upon said mortgag described be sold to satisfy the amount ad- file and of record In the office of the or other interested person may be entitled fO terestto the date hereof, the judged due and owing plus'Interest on said Register of Deeds in and for Washing appointment as personal representative or Eight Thousand Nine Hundred amount as may from time to time be outstand- ton County,Minnesota may object to the appointment of the personal 7/100 Dollars($48,965.07)and Ing and unpaid at the legal rate from and after will be sold by the sheriff of said county at pub- ,representative and the personal representa-i 'to'the power of sale therein -. the date of judgment to the date of sale,plus . ho auction on the 21st day of December.1988, Ove is empowered to fully administer the as• mortgage will be foreclosed the costs and expenses of such sale,subject at 10:00 o'clock A,M„ at the Washington tate including,after 30 days front the date of;. ',land lying In and being In the • however to redemption within six months frost County sheriff's office in the Washington Issuance of her letters,'the power to,flea,en-a Ington,State of:Minnesota,i eg the date of the order confirming such sale;and County Government Center,14900 North 61st cumber,lease or distribute real estate,unless as fescue,to wit as a certified transcript of the judgment in the Street, Stillwater, Minnesota,55082, in said objections thereto are filed wilt)the Court our. ;_' Lot 14; Block 29, Tann above entitled action entered on September countytoby suant to Section 524,3.600 end the Court' . ';Heights Plat No.5,', 15,1988 has been delivered to me.I.the un- pay the debt secured premisessaid mort- dersi sed Sheriff of the Countyof Washing- gage and taxes,If any,on said and otherWis@orders• will be sold by the sheriff of said 9 the costs, attorneys fees and disbursements Notice Is further given that.ALL CREDI-;;;ilcauction on the.6th day of Jan ton,State of Minnesota or his deputy,will offer allowed by lair. The time allowed by law for TORS having claims against said estate are: x40:00 q'doct a.m„at•the Sheriff' and expose for sale of public auction to the redemption by the mortgagors,their personal required to present the same to said personal: in the Washington County • highest bidder on the 16th day of De representatives,successors and assigns is six .representative or to the Court Administrators;•14900 Sixty-first Street North, 1988,at 10:00 A.M. ,?iuTIR'!f afn months from the date of said sale. within four months after the date of this notice Stillwater,in said county and sta fice, Washington County Courthouse, In the Dated:October14,1988 . or said claims will be barred. , , debt then secured by said w'd.. City of Stillwater,In.said county and state,the John W.Kunz and IdaA.Kunz Dated:November 9 itI89 � taxes,if any,on said premises ; land described and directed to be sold the i By(s)James F.Greenstein . Loma Mack 1 attorneys'fees and disburse Sheriff of Washington County,at public sale ,. James F.Greenstein Registrar `''law•The time allowed,by law f• as one tract in said judgment lying and being Marie Sunlitls • • ,b the mortgagors,their person their Anorney-f t Fact y in the County of Washington,State of Minns- Court Administrator ;, rives ur assigns is six 8 n sots to wit: ; e;02 PI°5eville•re cssiona i LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING VICKI L.GIFFORD GREGORY G.GALLER January 2 , 1990 Ms. LaVonne Wilson City Clerk City of Oak Park Heights 14168 - 57th Street North Oak Park Heights, MN 55082 RE: City of Oak Park Heights (Oak Ridge Place Project) Dear LaVonne: Enclosed herewith for your information fi please find copies of the correspondence and opinio , Tette from Attorney Mary E. Senkus dated December 21 , 1989 y tru • , Pr 7V Ma •k J. Vierli • MJV: kp Enclosures OPPENHEIMER WOLFF& DONNELLY Plaza VII Brussels 45 South Seventh Street Chicago D C�'rIn , Suite 3400 London I�C [ vE: Minneapolis,MN 55402 Minneapolis (612)344-9300 New York Telex:701605 Paris G' 2 7 �ggg FAX:(612)344-9376 St.Paul Washington,D.C. December 21, 1989 VIA TELEFAX Mark Vierling, Esq. J 0 Eckberg, Lammers, Briggs, Wolff & Vierling 1835 Northwestern Avenue Stillwater, Minnesota 55082 Dear Mark: Enclosed please find the executed opinion letter from Oppenheimer Wolff & Donnelly including the language you requested relating to the change in legal description. I understand that the City is in the process of executing the termination of the restrictive covenants and that you will have the termination available to be picked up sometime on Thursday. Thank you for your cooperation in resolving this matter. Sincerely, OPPENHEIMER WOLFF & DONNELLY Mary . S us MES:gam Enclosure cc: Craig Currie Jon Stevens t'l 1Ll`�Il:i� Woi l 1 ), INVOICE Plaza VII Brussels 45 South Seventh Street Chicago Suite 3400 London Minneapolis,MN 55402 Minneapolis (612)344-9300 New York Telex:701605 Paris FAX:(612)344-9376 St.Paul Washington,D.C. December 21, 1989 First Trust National Association First Trust Center 4 . 180 East Fifth Street St. Paul, Minnesota 55101 City of Oak Park Heights 14168 - 57th Street North Oak Park Heights, Minnesota 55082 Oak Ridge Place Limited Partnership 300 Prairie Center Drive Eden Prairie, Minnesota 55344 Re: $3,400,000 City of Oak Park Heights, Minnesota Multi-Family Housing Development Revenue Bonds, Series 1985 (Oak Ridge Place Project) Gentlemen and Ladies: The City of Oak Park Heights, Minnesota (the "Issuer") issued and sold its $3,400,000 Multi-Family Housing Development Revenue Bonds, Series 1985 (Oak Ridge Place Project) (the "Bonds") , pursuant to . the terms of that certain Indenture of Trust, dated as of December 1, 1985, by and between the Issuer and First Trust National Association (formerly First Trust Company, Inc. ) (the "Trustee") (the "Indenture") . In connection with the issuance and sale of the Bonds, Oak Ridge Place Limited Partnership (the "Declarant") caused a certain Declaration of Restrictive covenants to be executed on March 20, 1986 and recorded on March 27, 1986 as document number 504384 in the office of the county recorder in and for Washington County, Minnesota (the "Declaration") . Pursuant to Section 11(D) of the Declaration, you have requested our opinion that the termination of the Declaration will not adversely affect the tax-exempt status of the Bonds. All capitalized terms used herein and not otherwise defined shall have the meaning ascribed to them in the Indenture or the Declaration, as the case may be. For purposes of rendering our opinion, we have relied (without independent investigation or verification) upon the following assumptions: OIPENHEIMER WOLFF & DONNELLY First Trust National Association City of Oak Park Heights Oak Ridge Place Limited Partnership December 21, 1989 Page 2 1. That neither the Issuer, the Declarant nor any "related person" to the Issuer or the Declarant will obtain an ownership interest for tax purposes in all or any part of the Development at any time during the remaining portion of the Qualified Project Period, within the meaning of Treasury Regulation Section 1. 103-8 (b) (6) (iii) (b) . 2. That the Bonds will be fully redeemed either prior to the termination of the Declaration or within a "reasonable period" of time after the termination of the Declaration, as provided in Treasury Regulation Section 1. 103-8 (b) (6) (iii) (a) . Based upon the foregoing assumptions, and based upon our review of relevant matters of law, regulations, rulings and decisions in effect on the date hereof (without regard to any subsequent changes thereto which may have retroactive effect) , it is our opinion that the termination of the Declaration will not, in and of itself, adversely affect the tax-exempt status of the interest received or to be received with respect to the Bonds. This opinion is limited to the effects, if any, of the termination of the Declaration and shall not be construed in any manner to be an opinion regarding the tax-exempt status of the Bonds or the interest received or to be received thereon. Please be advised that our firm regularly acts as counsel to the Trustee, that we represented the Trustee in connection with the execution, delivery and performance of the Indenture, and that we are presently representing the Trustee in connection with the foreclosure of the Mortgage and the termination of the Declaration. The foregoing opinion is furnished solely to you and is expressly limited for your use in connection with the termination of the Declaration. This opinion may not be relied upon by or provided to any other person, firm or entity or for any other purpose without our prior written consent. It should be noted that the real property on which the above Project is located was replotted and is now legally described as 'OPPENHEIMER WOLFF & DONNELLY First Trust National Association City of Oak Park Heights Oak Ridge Place Limited Partnership December 21, 1989 Page 3 Lot 1, Block 1, Oak Park Heights Garden, according to the recorded plat thereof, and situate in Washington County, Minnesota. Very truly yours, OPPENHEIMER WOLFF & DONNELLY S514r‘i Mary . . kus MES:gam cc: Craig Currie LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439-2678 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G.BRIGGS PAUL A.WOLFF MARK J.VIERLING VICKI L.GIFFORD GREGORY G.GALLER December 22, 1989 IkECEIVED DEC 2 6 1989 Ms. LaVonne Wilson City Clerk City of Oak Park Heights 14168 - 57th Street North Oak Park Heights, MN 55082 RE: City of Oak Park Heights (Oak Ridge Place Project) Dear LaVonne: Enclosed herewith please find the following documents in regard to the above-referenced matter: 1 . Original Notice of Completion of Vacation Proceedings; 2 . Copy of Clerk' s Certification of Notice of Completion of Vacation Proceedings; 3. Original Resolution Vacating a Drainage Easement; 4 . Copy of Clerk' s Certification of Resolution Vacating a Drainage Easement; and 5. Duplicate original of the Certifi io of Amendment or Termination or Deletion of Cov=ants. Very rul rs, . rk J. Vierling MJV:kp Enclosures LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER,MINNESOTA 55082 LYLE J. ECKBERG (612)432-2878 JAMES F. LAMMERS FAX(612)432.2223 ROBERT G.BRIGGS PAUL A.WOLFF MARK J.VIERLING VICKI L.GIFFORD GREGORY G.GALLER December 22 , 1989 VIA MESSENGER Ms. Mary E. Senkus Attorney at Law Oppenheimer , Wolff & Donnelly Plaza VII 45 South Seventh Street Suite 3400 Minneapolis, MN 55402 RE: City of Oak Park Heights (Oak Ridge Place Project) Dear Ms. Senkus: This letter is being sent by messenger pursuant to your request. I have enclosed herewith a duplicate original of the Certification of Amendment or Termination or Deletion of Covenants, a certified copy of the Resolution Vacating a Drainage Easement , and a certified copy of Notice of Completion of Vacation Proceedings. I have received your FAX of December 21 , 1989 , providing an opinion letter to the City of Oak Park Heights , pursuant to Section 11 (D) of the Declaration, and I understand that you have forwarded the original directly to the City Hall for inclusion within the City's file. Very truly yours, 's/ Mark J. Vierling Mark J. Vierling MJV:kp Enclosures RESOLUTION #89-12-67 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION VACATING A DRAINAGE EASEMENT WHEREAS, Mary E. Senkus , of the law firm of Oppenheimer , Wolff & Donnelly, on behalf of First Trust National Association , the current owners of Oak Ridge Place Project within the City of Oak Park Heights, seeking to vacate all that part of a certain drainage easement previously dedicated to the City of Oak Park Heights within the plat of Oak Park Heights Garden , being specifically described as follows , to-wit: The north 3 . 20 feet of the south 60 feet of the- west 62 feet of the east 178 . 85 feet of Lot 1 , Block 1 , OAK PARR HEIGHTS GARDEN, according to the plat of record on file and of record in the office of the County Recorder in and for Washington County, Minnesota and, WHEREAS, said Petitioner is the owner of all property abutting the proposed drainage easement; and , WHEREAS, the portion proposed for vacation has never been utilized and will never be utilized as and for drainage easement on behalf of the City of Oak Park Heights , and there will never be any public need for that part of the drainage easement sought to be vacated; and , WHEREAS, the property thereof would be returned to the tax rolls and would enhance the taxable value of all lands abutting thereon or affected thereby; and, WHEREAS, for the foregoing reasons it appears to be in the public interest to vacate that portion of the drainage easement above-described; and, WHEREAS, the City Council has determined that the Petitioner ' s payment of the costs incurred by the City with respect to these proceedings is sufficient consideration for the vacation thereof. NOW, THEREFORE, BE IT RESOLVED that all that part of the drainage easement previously dedicated to the City of Oak Park Heights within the plat of Oak Park Heights Garden, described as follows, to-wit: The north 3 . 20 feet of the south 60 feet of the west 62 feet of the east 178 . 85 feet of Lot 1 , Block 1, OAK PARK HEIGHTS GARDEN, according to the plat of record on file and of record in the office of the County Recorder in and for Washington County, Minnesota be and the same is hereby vacated . BE IT FURTHER RESOLVED, that the City Clerk shall prepare a Notice of Completion of these proceedings which shall contain the name of the City, the identification of the vacation, a statement of the time of completion thereof, and a description of the real estate and the land affected thereby. Such notice shall be presented to the County Auditor , who shall enter the same in his transfer records and note upon the instrument , over his official signature , the words , " Entered in the transfer records . " The notice shall then be filed with the County Recorder , all as required by statute in such case made and provided. Adopted by the City Council for the City of Oak Park Heights this 11th day of December, 1989. I' rank 0. Sommerfeldt, Ma,or Att- st: -- ._ . , D-tAU-ty c ric NOTICE OF COMPLETION OF VACATION PROCEEDINGS TO: R. H. STAFFORD, WASHINGTON COUNTY AUDITOR/TREASURER Washington County Government Center 14900 61st Street North, Stillwater , MN 55082 PLEASE TARE NOTICE that the City of Oak Park Heights has completed proceedings for the vacation of a drainage easement previously dedicated to the City of Oak Park Heights within the plat of Oak Park Heights Garden, the property specifically vacated as it affects the drainage easement is described as follows: The north 3 . 20 feet of the south 60 feet of the west 62 feet of the east 178 . 85 feet of Lot 1 , Block 1, OAK PARK HEIGHTS GARDEN, according to the plat of record on file and of record in the office of the County Recorder in and for Washington County, Minnesota Said proceeding was completed on the 18th day of December , 1989. The only lands affected thereby are the lands abutting the above-described drainage easement. Dated at the City of Oak Park Heights, Minnesota this �D +� day of December , 1989. Mkdy Ho IST City Clerk/Adminis-trator d, ,pwty J L STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF OAK PARK HEIGHTS I , the undersigned , being the duly qualified and acting Clerk of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing Notice of Completion of Vacation Proceedings which are on file and of record in my office, and the same is a full , true and complete transcript therefrom insofar as the same relates to the Petition to Vacate Drainage Easement (Oak Ridge Place) and that notice of said meeting was duly given in accordance with law. WITNESS my hand as such Clerk and the official seal of the City of Oak Park Heights this 21st day of December , 1989 . LaVonne Wilson City Clerk (SEAL) lY 4 Y NOTICE OF COMPLETION OF VACATION PROCEEDINGS TO: R. H. STAFFORD, WASHINGTON COUNTY AUDITOR/TREASURER Washington County Government Center 14900 61st Street North, Stillwater , MN 55082 PLEASE TAKE NOTICE that the City of Oak Park Heights has completed proceedings for the vacation of a drainage easement previously dedicated to the City of Oak Park Heights within the plat of Oak Park Heights Garden, the property specifically vacated as it affects the drainage easement is described as follows: The north 3 . 20 feet of the south 60 feet of the west 62 feet of the east 178 . 85 feet of Lot 1 , Block 1, OAK PARK HEIGHTS GARDEN, according to the plat of record on file and of record in the office of the County Recorder in and for Washington County, Minnesota Said proceeding was completed on the 18th day of December , 1989. The only lands affected thereby are the lands abutting the above-described drainage easement . Dated at the City of Oak Park Heights, Minnesota this ( 014`. day of December, 1989. ,'$fatly MOIST qty Clerk/"d- drat^r �c cwt y STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF OAK PARK HEIGHTS I , the undersigned , being the duly qualified and acting Clerk of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing Resolution Vacating a Drainage Easement which are on file and of record in my office, and the same is a full , true and complete transcript therefrom insofar as the same relates to the Petition to Vacate Drainage Easement (Oak Ridge Place) and that notice of said meeting was duly given in accordance with law. WITNESS my hand as such Clerk and the official seal of the City of Oak Park Heights this 21st day of December , 1989 . LaVonne Wilson City Clerk (SEAL) RESOLUTION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION VACATING A DRAINAGE EASEMENT WHEREAS, Mary E. Senkus , of the law firm of Oppenheimer , Wolff & Donnelly, on behalf of First Trust National Association , the current owners of Oak Ridge Place Project within the City of Oak Park Heights , seeking to vacate all that part of a certain drainage easement previously dedicated to the City of Oak Park Heights within the plat of Oak Park Heights Garden , being specifically described as follows , to-wit: The north 3 . 20 feet of the south 60 feet of the,/ west 62 feet of the east 178 . 85 feet of Lot 1 , Block 1, OAK PARK HEIGHTS GARDEN, according to the plat of record on file and of record in the office of the County Recorder in and for Washington County, Minnesota and, WHEREAS, said Petitioner is the owner of all property abutting the proposed drainage easement; and , WHEREAS, the portion proposed for vacation has never . been utilized and will never be utilized as and for drainage easement on behalf of the City of Oak Park Heights , and there will never be any public need for that part of the drainage easement sought to be vacated; and, WHEREAS, the property thereof would be returned to the tax rolls and would enhance the taxable value of all lands abutting thereon or affected thereby; and, WHEREAS, for the foregoing reasons it appears to be in the public interest to vacate that portion of the drainage easement above-described; and, WHEREAS, the City Council has determined that the Petitioner ' s payment of the costs incurred by the City with respect to these proceedings is sufficient consideration for the vacation thereof. NOW, THEREFORE, BE IT RESOLVED that all that part of the drainage easement previously dedicated to the City of Oak Park Heights within the plat of Oak Park Heights Garden , described as follows , to-wit: The north 3 . 20 feet of the south 60 feet of the west 62 feet of the east 178 . 85 feet of Lot 1 , Block 1, OAK PARK HEIGHTS GARDEN, according to the plat of record on file and of record in the office of the County Recorder in and for Washington County, Minnesota be and the same is hereby vacated . BE IT FURTHER RESOLVED, that the City Clerk shall prepare a Notice of Completion of these proceedings which shall contain the name of the City, the identification of the vacation, a statement of the time of completion thereof, and a description of the real estate and the land affected thereby. Such notice shall be presented to the County Auditor , who shall enter the same in his transfer records and note upon the instrument , over his official signature , the words , " Entered in the transfer records . " The notice shall then be filed with the County Recorder , all as required by statute in such case made and provided. Adopted by the City Council for the City of Oak Park Heights this 18th day of December , 1989. rank 0. Sommerfeldt, Ma;or Att st: Hefi-ea-t- , 3-<4.41.1/41 L-fvSrt D-cAut 1 CI- rl< CERTIFICATION OF AMENDMENT OR TERMINATION OR DELETION OF COVENANTS WHEREAS, First Trust National Association as indenture trustee pursuant to that certain Indenture of Trust dated December 1, 1985 between the City of Oak Park Heights and First Trust is the present owner of the following described land (the "Land") in the County of Washington and State of Minnesota, to-wit: Lot 1, Block 1, Oak Park Heights Garden, according to the recorded plat thereof, and situate in Washington County, Minnesota WHEREAS, Oak Ridge Place Limited Partnership, a Minnesota Limited Partnership (the "Declarant") entered into a Declaration of Covenants and Restrictions dated March 20, 1986 (the "Declaration") recorded in the office of the County Recorder in and for the County of Washington and State of Minnesota on the 27th day of March, 1986 as Document No. 504384; and WHEREAS, the Declaration contained certain covenants and restrictions which run with the land and are binding upon the Declarant, its successors and assigns; and WHEREAS, The Issuer, Trustee and their successors and assigns, were given in said Declaration the full and absolute right and obligation to amend or terminate or delete such restrictions and to execute and deliver this Certificate for and on behalf of all persons and entities who might have been benefitted by such covenants and restrictions; and WHEREAS, under the terms and provisions of said Declaration it is now appropriate to deliver this Certificate and to amend or terminate or delete such covenants and restrictions and all preconditions thereto have been fully satisfied; NOW THEREFORE, this is to certify that the covenants and restrictions set forth in the Declaration are null and void and of no further force or effect; the County Recorder in and for the County of Washington and State of Minnesota is hereby authorized to accept this instrument for recording and filing as a conclusive determination of the termination and release of all covenants and restrictions as set forth in the Declaration, as specified and as a complete termination of all rights and other remedial provisions with respect to Section 11 of the Declaration. Dated this 20th day of December, 1989. OAK PARK HEIGHTS, MINNESOTA, as Issuer By: 2.2...d &L3144,--- Its: Mayor t (SEAL) FIRST TRUST NATIONAL ASSOCIATION as Trustee By Its STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTOi On this 20th day of December , 1989, before me a Notary Public within and for said County, personally appeared Frank 0. Sommerfeldt , to me personally known to be the Mayor , of Oak Park Heights, Minnesota; that the seal affixed to said instrument is the seal of said public body; that the instrument was signed and sealed on behalf of - - •ublic body by authority of its governing body, and - d officers acknowledged said instrument to be the fr= - - • deed of said limaublic bod . 1et,,c MARX I VIEPL!A�C _ �. NOTARY PUB;cC—M;.. 3!;?rl Pk WASHINGTC I4 CO 2TY sc� MY COMM.EXPIRES JO r� , , 'A �! a ry • e b 1 i c Ywww% STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of , 1989, before me a Notary Public within and for said County, personally appeared , to me personally known, who, being by me duly sworn, did say that he is the of First Trust National Association as trustee, a national banking association; and that said instrument was signed on behalf of said corporation and that said acknowledged said instrument to be the free act and deed of such association. Notary Public 2- + ' RESOLUTION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION VACATING A DRAINAGE EASEMENT WHEREAS, Mary E. Senkus , of the law firm of Oppenheimer , Wolff & Donnelly, on behalf of First Trust National Association , the current owners of Oak Ridge Place Project within the City of Oak Park Heights, seeking to vacate all that part of a certain drainage easement previously dedicated to the City of Oak Park Heights within the plat of Oak Park Heights Garden , being specifically described as follows , to-wit: The north 3 . 20 feet of the south 60 feet of the west 62 feet of the east 178 . 85 feet of Lot 1 , Block 1 , OAK PARK HEIGHTS GARDEN, according to the plat of record on file and of record in the office of the County Recorder in and for Washington County, Minnesota and, WHEREAS, said Petitioner is the owner of all property abutting the proposed drainage easement; and , WHEREAS, the portion proposed for vacation has never been utilized and will never be utilized as and for drainage easement on behalf of the City of Oak Park Heights , and there will never be any public need for that part of the drainage easement sought to be vacated; and , WHEREAS, the property thereof would be returned to the tax rolls and would enhance the taxable value of all lands abutting thereon or affected thereby; and, WHEREAS, for the foregoing reasons it appears to be in the public interest to vacate that portion of the drainage easement above-described; and, WHEREAS, the City Council has determined that the Petitioner ' s payment of the costs incurred by the City with respect to these proceedings is sufficient consideration for the vacation thereof. NOW, THEREFORE, BE IT RESOLVED that all that part of the drainage easement previously dedicated to the City of Oak Park Heights within the plat of Oak Park Heights Garden, described as follows , to-wit: t0 • The north 3 . 20 feet of the south 60 feet of the west 62 feet of the east 178 . 85 feet of Lot 1 , Block 1, OAK PARK HEIGHTS GARDEN, according to the plat of record on file and of record in the office of the County Recorder in and for Washington County, Minnesota be and the same is hereby vacated . BE IT FURTHER RESOLVED, that the City Clerk shall prepare a Notice of Completion of these proceedings which shall contain the name of the City, the identification of the vacation, a statement of the time of completion thereof, and a description of the real estate and the land affected thereby. Such notice shall be presented to the County Auditor , who shall enter the same in his transfer records and note upon the instrument , over his official signature , the words , " Entered in the transfer records . " The notice shall then be filed with the County Recorder , all as required by statute in such case made and provided . Adopted by the City Council for the City of Oak Park Heights this 18th day of December , 1989. Frank 0. Sommerfeldt, Mayor Attest: LaVonne Wilson, Administrator/Treasurer ate` CITY OF OAK PARK HEIGHTS nn yf MINUTES OF MEETING HELD MONDAY, DECEMBER 11, 1989 Call to order by Mayor Sommerfeldt at 7 :00 p.m. Present: O'Neal, Seggelke, Doerr, Kern, Eckberg and Wilson. Clerk read public hearing notice and presented affidavit of publication for easement vacation request submitted by Oppenheimer, Wolff & Donnelly relating to`0:-. .M Mayor called for comments and discussion ensued. O'Nea1, seconded by Seggelke, moved to close hearing. 5 aye votes. Hearing closed. Se•gelke,• seconded by O'Neal, moved to adopt Resolution #89-12-67 g c t*q t e above easement vacation. Roll call vote taken with 5 aye votes cast. Resolution adopted. Representatives from the County and NSP discussed recycling and tipping fees. Doerr, seconded by Kern, moved to appoint Kenneth R. Anderson as patrolman, commencing January 2, 1990 . O'Neal, seconded by Kern, moved to schedule a public hearing Monday, January 8 , 1990 at 7 :00 p.m. for a minor subdivision to be submitted by Phil Eastwood. 5 aye votes. Carried. Seggelke, seconded by Doerr, moved to adopt resolution #89-12-68 amending Chapter #1202 , limiting and regulating the sale of intoxicating liquor, and providing penalty. Roll call vote taken with 5 aye votes cast. Resolution adopted. Doerr, seconded by Seggelke, moved to approve minutes of November 13th and 27th as presented. 5 aye votes. Carried. O 'Neal left at 8 :00 p.m. Seggelke, seconded by Kern, moved to hire the following 4 warming house supervisors: Pete Anderson, Don Harvieux, John Sortedahl and Tony Polzin at a rate of $4.50 per hour to start when ice is ready. 4 aye votes. Carried. Seggelke, seconded by Kern, moved to approve Eagles #94 games of skill license. 4 aye votes. Carried. Doerr, seconded by Kern, moved to approve gambling license renewal for VFW Post #323 . 4 aye votes. Carried. Local Board of Review is scheduled for Tuesday, April 17th from 5-7 p.m. and Monday, April 23rd at 6 :30 p.m. Seggelke, seconded by Kern, moved to approve animal control contract for 1990 . 4 aye votes. Carried. Page two - Minutes 12/11/89 Doerr, seconded by Kern, moved to approve bills and investments as presented. Details available at clerk' s office. 4 aye votes. Carried. Seggelke, seconded by Doerr, moved to direct clerk to delete $224 .00 from Condon statement and transfer to planning and zoning with city absorbing fee for city wide ordinance amendment. 4 aye votes. Carried. Seggelke , seconded by Doerr, moved to adjourn. 4 aye votes. Adjourned at 8 :58 p.m. La Vonne Wilson Administrator/Treasurer • OPPENHEIMER WOLFF &DONNELLY The City of Oak Park Heights November 8, 1989 Page 2 platted thedrainage for the vacation of the portion of easement. I understood from my conversation with Ms. Wilson that a letter making the request was sufficient to place the matter on the agenda for the City Council's attention. Sincerely yours, OPPENHEIMER WOLFF & DONNELLY By (U4-. Mary 4 Sirs MES:vk Enclosure cc: Jon Stevens (By Messenger) Craig Currie (By Messenger) CITY OF OAK PARK HEIGHTS 14168 - 57th Street North -Box 2007 OAK PARK HEIGHTS, MINNESOTA 55082 439-4439 November 21, 1989 Stillwater Gazette Stillwater, MN. 55082 Gentlemen: Please publish the following on or before Friday, December 1, 1989. NOTICE OF PUBLIC HEARING EASEMENT VACATION CITY OF OAK PARK HEIGHTS NOTICE IS HEREBY GIVEN, that the City Council of the City of Oak Park Heights, Washington Co. , MN. , shall conduct a public hear— ing Monday, December 11, 1989, at 7:00 P.M. or as soon after as time permits. Hearing to be held at City Hall, 14168 N. 57th St. , Oak Park Heights to consider a Vacation of part of drainage easement at Oak Ridge Place, submitted by Oppenheimer, Wolff & Donnelly. The real property affected by said application is legally des— • cribed as follows, to—wit: 6060 Oxboro Avenue North The north 3.20 feet of the south 60.00 feet of the west 62.00 feet of the east 178.85 feet of Lot 1, Block 1, OAK PARK HEIGHTS GARDEN, according to the plat of record, Washington County, Minnesota. Proponents and opponents shall be heard at this time. Dated this 21st day of November, 1989. BY ORDER OF THE CITY COUNCIL. • La Vonne Wilson Administrator/Treasurer OPPENHEIMER WOLFF & DONNELLY • Plaza VII Brussels J / ,z- . "S'/ 45 South Seventh Street Chicago Suite 3400 London Minneapolis,MN 55402 Minneapolis (612)344-9300 New York Telex:701605 Paris FAX:(612)344-9376 St.Paul Washington,D.C. November 13, 1989 VIA MESSENGER Mark J. Vierling Eckberg Lammers Briggs Wolff & Vierling 1835 Northwestern Avenue Stillwater, MN 55082 La Vonne Wilson /City of Oak Park Heights 1 14168 - 57th Street North Box 2007 Oak Park Heights, MN 55082 Re: Oak Ridge Place Project Dear Mr. Vierling and Ms. Wilson: Enclosed for your information please find a copy of a proposed legal description describing the encroachment of the Oak Ridge Place Project onto the drainage easement. This is the legal description that we would propose using in the vacation proceedings. Please call me if you have any questions or comments. Sincerely yours, OPNHEIMER WOLFF & DONNELLY Mary . S nkus MES:tjm /C Enclosure cc: Jon Stevens (w/encl. ) (via fax) Mark Blakstad (w/encl. ) (via fax) Craig Currie (w/encl. ) (via fax) RECEIVED 11/13 11:23 1989 AT 6123449376 PAGE 1 (PRINTED PAGE 1) ] 11/13/89 11:19 FAX 612 831 6398 I R E & ASSOC. U001 ISRAELSON REESE ELLINGSON &ASSOCIATES.INC ARCHITECTURE•INTERIORS ENGINEERING•SURVEYING DATE: 13 November 1989 PROPOSED VACATION DESCRIPTION FOR: First Trust National Association The north 3.20 feet of the south 60.00 feet of the west 62.00 feet of the east 178.85 feet of Lot 1, Block 1, OAK PARK HEIGHTS GARDEN, according to the plat of record, Washington County, Minnesota. 8200 NORMANDALE BLVD..SUITE 323 BLOOMINGTON.MN 55437 TEL(612)831-6633 FAX(612)1531-63915 1 OPPENHEIMER WOLFF &DONNELLY Plaza VII Brussels 45 South Seventh Street Chicago Suite 3400 London Minneapolis,MN 55402 Minneapolis (612)344-9300 New York Telex:701605 Paris FAX:(612)344-9376 St.Paul Washington,D.C. November 8, 1989 VIA MESSENGER The City of Oak Park Heights Attn: La Vonne Wilson 14168 - 57th Street North Box 2007 Oak Park Heights, MN 55082 Lyle J. Eckberg Attorney at Law 1835 Northwestern Avenue Stillwater, MN 55082 Re: Oak Ridge Place Project Dear Ms. Wilson and Mr. Eckberg: Enclosed for your information please find a copy of a certificate of survey which we have received from Israelson, Reese, Ellingson & Associates, Inc. in connection with the proposed sale of the above property. As you will note in reviewing the survey, the building encroaches approximately three and one-half feet into the drainage easements. As you are aware, we represent First Trust National Association as Trustee in this matter. On behalf of First Trust, we hereby petition and request that the City vacate the portion of the platted easement over which the building encroaches. The surveyor is in the process of preparing a legal description of that encroachment. If possible, please place this request for vacation on the agenda for the City Council on November 13, 1989. I understand that the City Council will then schedule a public hearing with respect to the proposed vacation. Please let me know as soon as possible if you need any additional written application or petition from First Trust to initiate this • OPPENHEIMER WOLFF &DONNELLY The City of Oak Park Heights November 8, 1989 Page 2 request for the vacation of the portion of the platted drainage easement. I understood from my conversation with Ms. Wilson that a letter making the request was sufficient to place the matter on the agenda for the City Council's attention. Sincerely yours, OPPENHEIMER WOLFF & DONNELLY By 1 LA Mary Si us MES:vk Enclosure cc: Jon Stevens (By Messenger) Craig Currie (By Messenger) U • W C)4- 4) C C) ••.C) N i N C )- >>Cs L L O V N i •N 3 Iv o b O i 4) C i i• �►- Lep a Lt L 4) NL C) C U 4- >,•r 4) C 7 N 4) N n4)4) n•r 0 •row U >44)4-) lo) N� � 0 C C 3 c E>'i+4 "'4'.s- a, N.0 o ro 0 0oo t/) j .-.--.V a, i ll. 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ClyH1.8ON 3fN3AV 02:109X0 0 o In 81'09£ 3 II2I I£O 00 N I\ 09 0- • en II I W I I a "I. • 0 I • I � m :I l Iy co8u �6I 0 11111 cl te) I SWI O [6.t O•b9 • o Iq NIS"P �� I o o O a 11 I9 3„91,EIAN ,d d Z M £"9B c3 0132 i N 26'99 0 / Cr t `/ U- I . 1 2 ;° o`W I-- `6 O. 9'9ZI 1 £9'99 CO g D, ,t 9'L9 d • Z ; Q 1 4 E C • r� dm i i w CC iL _ �_ _`' �•E OG • O tD 0 Ir N OPPENHEIMER WOLFF &DONNELLY • Plaza VII Brussels 45 South Seventh Street Chicago Suite 3400 London Minneapolis,MN 55402 Minneapolis (612)344-9300 New York Telex:701605 Paris FAX:(612)344-9376 St.Paul Washington,D.C. November 8, 1989 VIA MESSENGER The City of Oak Park Heights Attn: La Vonne Wilson 14168 - 57th Street North Box 2007 Oak Park Heights, MN 55082 Lyle J. Eckberg Attorney at Law 1835 Northwestern Avenue Stillwater, MN 55082 Re: Oak Ridge Place Project Dear Ms. Wilson and Mr. Eckberg: Enclosed please find a draft of the opinion letter which Oppenheimer Wolff & Donnelly is prepared to issue in connection with the termination of the declaration of covenants. Also enclosed for your review is a copy of the proposed certification of termination of covenants. Please let me know if the opinion letter and certification of termination of covenants meet with your approval. I understand that I will be on the agenda before the City Council at approximately 7:30 p.m. on Monday, November 13, 1989, to discuss this issue. If the opinion letter meets with your approval, we will prepare the letter in executed form and will forward it to you on behalf of the City. Sincerely yours, OPPENHEIMER WOLFF & DONNELLY By t\ti Mary . S us MES:vk Enclosure cc: Jon Stevens (By Messenger) Craig Currie (By Messenger) November , 1989 OW&D DRAFT 110789 First Trust National Association First Trust Center 180 East Fifth Street St. Paul, Minnesota 55101 City of Oak Park Heights 14168 - 57th Street North Oak Park Heights, Minnesota 55082 Oak Ridge Place Limited Partnership 300 Prairie Center Drive Eden Prairie, Minnesota 55344 Re: $3,400,000 City of Oak Park Heights, Minnesota Multi-Family Housing Development Revenue Bonds, Series 1985 (Oak Ridge Place Project) Gentlemen and Ladies: The City of Oak Park Heights, Minnesota (the "Issuer") issued and sold its $3,400, 000 Multi-Family Housing Development Revenue Bonds, Series 1985 (Oak Ridge Place Project) (the "Bonds") , pursuant to the terms of that certain Indenture of Trust, dated as of December 1, 1985, by and between the Issuer and First Trust National Association (formerly First Trust Company, Inc. ) (the "Trustee") (the "Indenture") . In connection with the issuance and sale of the Bonds, Oak Ridge Place Limited Partnership (the "Declarant") caused a certain Declaration of Restrictive Covenants to be executed on March 20, 1986 and recorded on March 27, 1986 as document number 504384 in the office of the county recorder in and for Washington County, Minnesota (the "Declaration") . Pursuant to Section 11(D) of the Declaration, you have requested our opinion that the termination of the Declaration will not adversely affect the tax-exempt status of the Bonds. All capitalized terms used herein and not otherwise defined shall have the meaning ascribed to them in the Indenture or the Declaration, as the case may be. First Trust National Association City of Oak Park Heights Oak Ridge Place Limited Partnership November , 1989 Page 2 For purposes of rendering our opinion, we have relied (without independent investigation or verification) upon the following assumptions: 1. That all requirements and conditions, other than the requirement of this opinion, that are necessary to effect the termination of the Declaration have been or will be duly and timely complied with, satisfied or waived. 2. That the foreclosure of the Mortgage and termination of the Declaration are due to intervening economic and other circumstances not contemplated or foreseen on the date the Bonds were issued and were not intended or anticipated on or prior to that date. 3 . That at all times prior to the foreclosure of the Mortgage and the termination of the Declaration, the construction, ownership, operation and use of Development will have complied with the requirements of the Indenture, the Declaration and the related agreements. 4. That neither the Issuer, the Declarant nor any "related person" to the Issuer or the Declarant will obtain an ownership interest for tax purposes in all or any part of the Development at any time during the remaining portion of the Qualified Project Period, within the meaning of Treasury Regulation Section 1. 103-8 (b) (6) (iii) (b) . 5. That the Bonds will be fully redeemed either prior to the termination of the Declaration or within a "reasonable period" of time after the termination of the Declaration, as provided in Treasury Regulation Section 1.103-8 (b) (6) (iii) (a) . Based upon the foregoing assumptions, and based upon our review of relevant matters of law, regulations, rulings and decisions in effect on the date hereof (without regard to any subsequent changes thereto which may have retroactive effect) , it is our opinion that the termination of the Declaration will not, in and of itself, adversely affect the tax-exempt status of the interest .received or to be received with respect to the Bonds. First Trust National Association City of Oak Park Heights Oak Ridge Place Limited Partnership November , 1989 Page 3 This opinion is limited to the effects, if any, of the termination of the Declaration and shall not be construed in any manner to be an opinion regarding the tax-exempt status of the Bonds or the interest received or to be received thereon. Please be advised that our firm regularly acts as counsel to the Trustee, that we represented the Trustee in connection with the execution, delivery and performance of the Indenture, and that we are presently representing the Trustee in connection with the foreclosure of the Mortgage and the termination of the Declaration. The foregoing opinion is furnished solely to you and is expressly limited for your use in connection with the termination of the Declaration. This opinion may not be relied upon by or provided to any other person, firm or entity or for any other purpose without our prior written consent. Very truly yours, OPPENHEIMER WOLFF & DONNELLY 1 CERTIFICATION OF AMENDMENT OR TERMINATION OR DELETION OF COVENANTS WHEREAS, First Trust National Association as indenture trustee pursuant to that certain Indenture of Trust dated December 1, 1985 between the City of Oak Park Heights and First Trust is the present owner of the following described land (the "Land") in the County of Washington and State of Minnesota, to-wit: Lot 1, Block 1, Oak Park Heights Garden, according to the recorded plat thereof, and situate in Washington County, Minnesota WHEREAS, Oak Ridge Place Limited Partnership, a Minnesota Limited Partnership (the "Declarant") entered into a Declaration of Covenants and Restrictions dated March 20, 1986 (the "Declaration") recorded in the office of the County Recorder in and for the County of Washington and State of Minnesota on the 27th day of March, 1986 as Document No. 504384; and WHEREAS, the Declaration contained certain covenants and restrictions which run with the land and are binding upon the Declarant, its successors and assigns; and WHEREAS, The Issuer, Trustee and their successors and assigns, were given in said Declaration the full and absolute right and obligation to amend or terminate or delete such restrictions and to execute and deliver this Certificate for and on behalf of all persons and entities who might have been benefitted by such covenants and restrictions; and WHEREAS, under the terms and provisions of said Declaration it is now appropriate to deliver this Certificate and to amend or terminate or delete such covenants and restrictions and all preconditions thereto have been fully satisfied; NOW THEREFORE, this is to certify that the covenants and restrictions set forth in the Declaration are null and void and of no further force or effect; the County Recorder in and for the county of Washington and State of Minnesota is hereby authorized to accept this instrument for recording and filing as a conclusive determination of the termination and release of all covenants and restrictions as set forth in the Declaration, as specified and as a complete termination of all rights and other remedial provisions with respect to Section 11 of the Declaration. Dated this day of October, 1989. OAK PARK HEIGHTS, MINNESOTA, as Issuer By Its Authorized Representative (SEAL) FIRST TRUST NATIONAL ASSOCIATION as Trustee By Its STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of , 1989, before me a Notary Public within and for said County, personally appeared , to me personally known to be the , of Oak Park Heights, Minnesota; that the seal affixed to said instrument is the seal of said public body; that the instrument was signed and sealed on behalf of said public body by authority of its governing body, and that said officers acknowledged said instrument to be the free act and deed of said public body. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of , 1989, before me a Notary Public within and for said County, personally appeared , to me personally known, who, being by me duly sworn, did say that he is the of First Trust National Association as trustee, a national banking association; and that said instrument was signed on behalf of said corporation and that said acknowledged said instrument to be the free act and deed of such association. Notary Public 2 k \\ Page two Minutes 11/13/89 discussed Mary La Plant, MN DOT and Gary Reilander , City Engineer to possible closing of access at Highway #36 and Omaha Ave. , due by continued accidents at theEngineer, tion. and'Neal,council members to Kern, moved to direct City g conduct traffic study of the above area, Osgood and Oakgreen 1990 with to be completed by February 12, intersections. Study cost not to exceed $2000. 00. 5 aye votes. Carried. Doerr, moved to direct non conforming sign O'Neal, seconded byby owner, City to removal at Silver Bat Sports. If not removed votes. Carried. remove and charge costs to owner. 5 ay MateyOppenheimer Wolff and Donnelly , requested ' o. PP termination of the declaration of covenants at t a�e��an�i�nac�f Seggelke, seconded by O'Neal, moved to ;ac-cep approval. 5 aye votes. covenants contingent on City Attorney' s Carried. O'Neal, seconded by Kern, moved to schedule a public hearing . Mgnday, December i1 , 1989 at 7:00 p.m, on request that the City vacate the portion of the platted easement over which the above building encroaches. 5 aye votes. Carried. roved ;front and side. , Goodyear signage was discussed.` Council app signage with rear sign to be removed and replaced at a later date when a variance is requested. O ,'Neal, seconded by Doerr, moved to direct ti t Attorneyeto prepare an `ordinance amendment relating -to"refuse" Section 502 . 03 and an amendment to theeriagreemenagenda t item ._ garbage and refuse collection. This to be November 27th. 5 aye votes. Carried. - O'Neal, Doerr, seconded by moved to direct Police Department to proceed with legal action against Kenneth Anderson for a Home :; Occupation license. 5 aye votes. Carried. approve minutes of October . - O'Neal, moved to . Seggelke, seconded by 10th and 23rd as presented. 5 aye votes. Carried. ,applications will house -supervisor app be accepted through Friday, December 1st. O'Neal, seconded by Seggelke, moved to adopt Resoluton459-11-66. , . : approving. `1990' tax levy in the~ 'amount of> $1,108,430. Roll call; " vote with 5 aye votes cast. Resolution adopted. „ ,